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Vofunfary Response
                      an Ithcfate
                   rom fde Sfafes
    United States
    Environmental Protection
    iAgency

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forward
"Cleaning up contamination is vitally important to the physical health of America's
communities, but putting clean land back into productive use brings with it a range of
social and economic benefits that will strengthen those communities for years to come.
State response programs with support from CERCLA 128(a) funding are able to oversee
assessment and cleanup activities at the majority of brownfields properties across the
country. These accomplishments are as varied, as they are widespread. This report
captures these successes and showcases them in a user friendly format."

                                                           Mathy Stanislaus
                                              Assistant Administrator for EPA's
                        Office of Solid Waste and Emergency Response (OSWER)
                                                   U.S. Environmental Protection Agency
                                           Office of Solid Waste and Emergency Response
                                              Office of Brownfields and Land Revitalization
                                                             Washington, D.C. 20460

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    EPA Brownfields Regions
    Table of Contents	1
    Executive Summary	3
    What is on the Horizon	4
    Region 1	5
      Connecticut	5
      Maine	10
      Massachusetts	12
      New Hampshire	15
      Rhode Island	19
      Vermont	22
    Region 2	25
      New Jersey	25
      New York	28
      Puerto Rico	32
      Virgin Islands	33
Region 3	34
  Delaware	34
  District of Columbia	37
  Maryland	39
  Pennsylvania	42
  Virginia	46
  West Virginia	48
Region 4	51
  Alabama	51
  Florida	53
  Georgia	56
  Kentucky	58
  Mississippi	62
  North Carolina	65
  South  Carolina	68
  Tennessee...                      ..71
An Update from the States

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Region 5	73
  Illinois	73
  Indiana	75
  Michigan	80
  Minnesota	84
  Ohio	86
  Wisconsin	89
Region 9	126
  Arizona	126
  California	129
  Guam	134
  Hawaii	136
  Nevada	138
                                          Region 10	140
Region 6	92      Alaska	140
  Arkansas	92      Idaho	143
  Louisiana	94      Oregon	146
  New Mexico	97      Washington	149
  Oklahoma	99
                                          Appendix A	153
  Texas	102
Region 7	104
  Iowa	104
  Kansas	106
  Missouri	108
  Nebraska	111
Region 8	113
  Colorado	113
  Montana	116
  North Dakota	118
  South Dakota	120
  Utah	122
  Wyoming	124
                                               State Brownfields and Voluntary Response Programs:

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            ferownfieftk and Voluntary  Response  1?roqrams:

                                                         An Update from  the  States
   he "State Brownfields and Voluntary Response Programs:
An Update from the States" explores the evolving landscape
of state environmental, financial, and technical programs
designed to promote brownfields cleanup and reuse. The
U.S. Environmental Protection Agency's (EPA) goal for this
analysis was to develop a concise, user-friendly synopsis
of the programs and tools that are available through state
programs. The information contained in this report was
gathered from state response program contacts and state
response program Web sites.
State programs continue to be at the forefront of brownfields
cleanup and redevelopment, as both the public and private
markets recognize the responsibilities and opportunities
of state response programs in ensuring protective and
sustainable cleanups. The increasing number of properties
entering into state programs emphasizes the states' growing
role in brownfields cleanup. State programs are continuing
to adapt to meet  the changing needs of property owners
and communities. Many different—but equally effective—
approaches are available to meet the multiple challenges
and common objectives of brownfields reuse. Several
states recently passed legislative changes to establish new
programs, while other states adopted new regulations to
enhance their program and encourage cleanups.
Elements in the Analysis
This update looks at several components of state
brownfields/response programs.
Program Description lays out the basics of each
state's voluntary response program and any other
brownfields-related cleanup programs. It defines each
state's definition of "brownfields," provides program
titles, discusses liability relief provisions, and identifies
program requirements.
Financial Elements provides an explanation of
assessment and cleanup funding, tax incentives,
and other forms of brownfields redevelopment
support available under state programs, such as
environmental insurance. Typically, the applicability
of specific programs comes down to a state agency's
interpretation of which brownfields properties and
activities are eligible for any particular assistance
program. This update includes information on
programs directly available through state voluntary
response programs, as well as other incentive
programs identified as being applicable to brownfields
reuse efforts. The update includes information
on funding sources, funding amounts, eligibility
requirements, and a program's focus on special types
of properties, such as dry cleaners or petroleum
properties.
Program Elements provides  information on the
technical elements of individual state programs. It
includes information on applicable cleanup methods
and standards, contaminants covered or excluded
under state programs, requirements governing
institutional controls, and state approaches to long-
term stewardship. Administrative elements also
are discussed, such as program costs, fees for
service, and sources of funding for program staff and
operations.
A major part of the update is the review of Cleanup
Activities. To the extent that states provided the
necessary data, the update contains information
on the number of properties that entered and/or
subsequently completed a state's voluntary cleanup
program, as well as data on program benefits,
including economic impacts (e.g., jobs created;
housing units developed; tax revenues added to the
local economy; and businesses and investment value
created).
The update also includes information on:
•  Public participation requirements
•  Programmatic statutory authorities
•  Contact information for each state program
An Update from the States
                                                    3

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^future  'Direction  of •State 
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Connecticut
 (genera fOnformation
   Contact: Graham J. Stevens
           Brownfields Coordinator

  Address: Connecticut Department of Environmental
           Protection (DEP)
           79 Elm Street
           Hartford, CT 06106-5127

    Phone: 860 424 3705

       Fax: 860 424 4057
     Email: graham.stevens@ct.gov

  Web site: htto://www.ct.aov/deD/remediation
Program Description
(VCP, brownfields, or related)
Brownfields definition: "Brownfield" means any abandoned
or underutilized site where redevelopment and reuse has
not occurred due to the presence or potential presence of
pollution in the buildings, soil, or ground water that requires
remediation before or in conjunction with the restoration,
redevelopment, and reuse of the property. (Connecticut
General Statute  (CGS) 32-9kk)
Program titles:  The Remediation Division in the Bureau
of Water Protection and Land Reuse is organized into six
geographic districts and staff from these districts administer
the Brownfields and Voluntary  Response Programs. The
boundaries of the six geographic districts for remediation in
Connecticut can be explored by the following this link:
CT DEP Remediation Districts
Brownfields and Voluntary Response in Connecticut are
conducted under several state remediation programs are
managed by the Remediation  Division. All remediation
programs in Connecticut utilize the same remedial goals—the
Remediation Standard Regulations. As projects are entered
into any of the Remediation  Division programs, staff are
assigned from that geographic district are assigned as project
managers.
The state established a centralized Office of Brownfield
Remediation and Development (OBRD) in the Department
of Economic and Community Development in 2006 (Public
Act 06-184), and OBRD was expanded in 2007 (Public
Act 07-233) to be the primary office that manages and
administers state brownfield funding. The primary regulatory
programs used as the vehicle for brownfields remediation
are the Property Transfer, Urban Sites Remedial Action, and
Voluntary Remediation Programs
Property Transfer Program - this program requires
the disclosure of environmental conditions
when certain real properties and/or businesses
("establishments") are transferred. When an
establishment is transferred, one of four Property
Transfer Forms must be executed and a copy of
the form must be filed with the department. When
transferring an establishment where there has been
a release of a hazardous waste or a hazardous
substance, the party signing the Property Transfer
Form certification agrees to investigate the parcel
and remediate pollution caused by any release of a
hazardous waste or hazardous substance from the
establishment. More Information
Urban Sites Remedial Action Program - DEP staff
work closely with staff in the Office of Brownfield
Remediation and Development to expedite the
investigation and remediation of brownfield sites in
this program. OBRD will suggest sites to DEP to
enter into this program based on economic analysis
and project review. DEP will then either provide
expedited review and oversight, or DEP may request
State Bond Funds to conduct the investigation and
remediation of the site (when the responsible party
is not known or unwilling to clean the property).
Brownfield projects are entered into this program
if OBRD identified the project as significant to the
state's economic development. State Bond Funds
can only be spent on sites that are located in either
a Targeted Investment Community or in a Distressed
Municipality. More Information
Voluntary Remediation Programs - There are two
voluntary remediation programs in Connecticut. Both
programs are  elective for property owners who wish
to expedite the remediation of polluted property,
thus enabling  them the advantage of a remediated
site should they ever decide to sell the property or
expand on their site.
•  CGS Section 22a-133x was modified in  2009 by
   Public Act No. 09-235 and now can be used by
   any person.
•  In order to be eligible under CGS Section 22a-
   133y, real property which has been subject to a
   spill must be located in an area where the ground
   water is classified as GB or GC and the site must
   not be subject to any order, consent order or
   stipulated judgment issued by the Commissioner
   of the Department of Environmental Protection
   regarding such spill.
Licensed Environmental Professional Program
- In certain programs, DEP allows a  Licensed
Environmental Professional (LEP) to be responsible
for the direct oversight of site investigation and
remediation projects. The  LEP program was
established in 1995 pursuant to CGS §22a -133v. In
An Update from the States

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Connecticut
   the Property Transfer and Voluntary 22a-133x Programs
   DEP or a LEP can have the oversight role. In Voluntary
   22a-133y Program a LEP must maintain the oversight role.
   More Information and Current LEP Roster
•  Other major Remediation Programs handled by staff in
   the Remediation Division are enforcement action projects
   (state enforcement for investigation and/or remediation),
   federal Superfund program, state Superfund program,
   Potable Water program, Underground Storage Tank (LIST)
   Cleanup Account program, Significant Environmental
   Hazard program, Resource Conservation and Recovery
   Act (RCRA) Corrective Action (Connecticut has Primacy
   for this Program), and RCRA Closure program.

Liability Provisions
Legal authorities include strict, joint, several, and retroactive
liability, orders for information and site access, subpoena
authority, administrative and consent order authority,
injunctive action and cost recovery authority. The preferred
enforcement method is consent order, followed by
administrative order or court action.
Civil penalties of $25,000 per day are available under the
hazardous waste program. Punitive damages (11/2 times
costs for negligent acts or two times costs for willful acts) are
available in cost recovery actions.
Pursuant to CGS §22a-452a, any amounts paid by the state
in cleanup costs shall be a lien against the property, and such
liens take precedence over prior liens except in the case of
residential property or property transferred pursuant to the
state property transfer law. In these situations, the lien filed by
the Commissioner does not take precedence over prior liens
or previous transfers or encumbrances, respectively. The state
is required to attempt cost recovery.
Limiting State Liability: Two types of Covenants Not To
Sue (CNTS) (CGS §22a -133aa or CGS §22a -133bb)
are available to prospective purchasers of contaminated
property, current owners of contaminated property, or lending
institutions, to provide relief from liability for additional
remediation once a property has been remediated to current
standards. Entities responsible for causing the contamination
are not eligible for a CTNS pursuant to either CGS §22a
-133aa or CGS §22a -133bb. Covenants Not To Sue pursuant
to  CGS §22a -133aa are at the Commissioner's discretion
and require a fee in certain situations.
State law provides liability protection for "innocent
landowners" as defined by CGS §22a -452e.
A lender liability exemption is also provided by CGS §22a
-4521
Limiting Third-Party Liability: Third-party liability is limited
for non-responsible parties that own a contaminated property
and investigate and remediate such  properties pursuant to
CGS§22a-133ee.
Abandoned Brownfields Cleanup Program: This program
was created by Public Act No. 09-235 and provides off-site
liability relief. Eligible properties must be brownfields that
have been significantly underused since October 1, 1999
and their redevelopment must have a regional or municipal
economic development benefit. Eligible applicants must not
have created the pollution or are otherwise obligated by law
to clean up the property, and the person responsible for such
pollution is  indeterminable, no longer in existence, or unable
to perform the cleanup. If designated to the program, the
eligible applicant must enter the Voluntary Cleanup Program
(CGS 22a-133x) or the Property Transfer Program (CGS
22a-134); investigate the property; and eliminate further off-
site emanation of pollution. However, such person will not  be
responsible for investigating or remediating any pollution that
has historically emanated from the property.

Financial Incentives
•  Urban Sites Remedial Action Program was originally
   capitalized with $40,500,000 in state bond-funds
   for assessment/remediation of sites in "Distressed
   Municipalities" and "Targeted Investment Communities;"
   DEP can clean up  and the state can acquire a site if it
   chooses, recovering costs from future users.
Two Types of Projects (Type I projects: DEP expedited  review
and approval; Type II: State Bond funded investigation  and
remediation).
   •   Type  I - The owner or redeveloper of the property
      must  be willing and able to conduct investigations and
      remediate the site. The site can be located anywhere
      statewide.
   •   Type  II - Only sites located in Distressed Municipalities
      and Targeted Investment Communities are eligible for
      DEP assessment and/or remediation using State Bond
      Funds. State Urban Site Bond  Funds can be used only
      when an owner cannot be identified, or is unwilling or
      unable to investigate and/or remediate the site.
•  Special Contaminated Property Remediation and
   Insurance Fund (SCPRIF) provides low-interest loans
   to municipalities and private entities for Phase II and III
   investigations and  demolition costs.
•  Brownfield Pilot Program created  by Public Act 07-233
   will fund $4,500,000 per year for 2008 and 2009 for
   brownfields investigation, remediation, and redevelopment.
   This grant program, administered by OBRD, will be
   awarded competitively to five municipalities that represent
   different populations. Recipients of this grant will be
   municipalities and  economic development organizations.
   Projects utilizing the grant funds will be exempt from the
   Property Transfer program, if they clean up the property in
   accordance with the Remediation Standard Regulations.
•  Brownfields Grants and Loans Program created by  Public
   Act 07-233 provides OBRD  with the ability to provide loans
   to private brownfields redevelopers and grants to municipal
   or economic development organizations. The funding for
   this program is $2,500,000 per year for 2008 and 2009.
                                                                  State Brownfields and Voluntary Response Programs:

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Connecticut
•  Dry Cleaner Establishment Remediation Fund (managed
   by DECD) for financing soil and ground water remediation
   and prevention, up to $50,000 per year, up to $150,000
   over three years.
•  Underground Storage Tank Petroleum Cleanup Account
   (managed by DER Remediation Division) provides
   reimbursement for up to $1,000,000, per release, for
   taking corrective actions and for third party liability costs.
   Notwithstanding such financial coverage, the responsible
   party for a release must bear all corrective action and third
   party liability costs less than ten thousand dollars.
•  Connecticut Brownfields Redevelopment Authority
   (CBRA), a wholly owned subsidiary of the Connecticut
   Development Authority (CDA), provides the following
   direct and indirect financial assistance for brownfields
   remediation:
•  Direct Loans - CBRA will administer a direct loan for the
   remediation of a project.
•  Loan Guarantees (made in concert with qualifying financial
   institutions) - Guarantees  may cover up to 30% of the loan
   amount made through a qualified lending institution.
•  Tax Increment Financing (TIF) - Up-front cash  available
   to investors, developers, and business owners who
   undertake remediation projects. A financial tool
   using future increases in tax to finance the current
   improvements. TIF creates funding for projects that may
   otherwise be unaffordable to municipalities. Municipal
   authorities and CBRA collaboratively agree to the
   allocation of incremental tax revenues.
•  Eligibility - Any brownfield in any municipality in
   Connecticut is eligible for  CBRA assistance.
More Information

Availability of Funds
•  The state Superfund and the Urban Sites  Remedial Action
   Fund are the two funds that are generally used by DEP for
   investigation and remediation assistance.
•  State Superfund - The fund monies may be used for site
   investigation, studies and  design, removals, remedial
   actions, Comprehensive Environmental Response
   Compensation and Liability Act (CERCLA) match,
   operations and maintenance, emergency response, victim
   compensation, grants to local governments, program
   administration, and natural resource restoration. In  order
   to expend funds from the state Superfund, DEP must
   determine that a threat is  unacceptable, and DEP must be
   unable to determine the responsible party (RP), or the RP
   must be in noncompliance with or appealing an order.
•  The Urban Sites Remedial Action Fund (USRAF) -The
   USRAF is used primarily for site investigation,  studies
   and design, operations and maintenance, removals, and
   remedial actions.
•  The Potable Water Grant Fund is used for grants
   to municipalities to provide long-term solutions for
   potable water contamination (typically through the
   extension of public water or the maintenance and
   monitoring of treatment systems).
•  The Emergency Spill Response Fund (ESRF) was
   transferred into an identified account in the state
   general fund in 1995. The ESRF is administered in,
   and primarily used by, the Emergency Response
   and Spill Prevention Division of the Bureau of
   Materials Management and Compliance Assurance.
   The ESRF is funded by appropriations and cost
   recovery, and can be used for site investigation,
   studies and design, operations and maintenance,
   emergency response, removals, remedial actions,
   and natural resource restoration.
•  In 1996, the state enacted legislation creating
   SCPRIF In February 1998, DEP was awarded
   $1,000,000 for establishment of the fund. The fund is
   used by DEP and DECD for loans to municipalities,
   individuals, or firms for environmental site
   assessments and site preparation of contaminated
   properties.

Tax incentives
The Department of Economic and Community
Development administers the following tax incentives:
•  Urban and Industrial Site Investment Tax Credit
   Program  - Authorized by CGS §32 -9t allows
   an  investor, in a redevelopment project that is
   "industrial," in a Distressed Municipality, in an
   Enterprise Zone, or in a municipality with a
   population in excess of 100,000 people. Industrial
   sites must be subject to a spill or have state
   obligations to remediate under the Property Transfer
   Program. The tax  credit is for corporate taxes and
   is applied over 10 years and up to $100 million per
   project could be claimed with a $500 million cap on
   each project. The  investment will return the property
   to a viable business condition that will add significant
   new economic activity, increase employment, and
   generate additional tax  revenue to the state and the
   municipality in  which the property is located.
•  Enterprise Zone Program - Incentives provide tax
   abatement for five years and 80% of local property
   taxes on real estate improvements; 10 years/50%
   tax credit; and  seven-year minimum deferral of
   increased taxes resulting from property value rise
   after remediation  has been completed.
•  Housing and Historic Tax Credit Program  - Various
   incentives are available for housing and historic tax
   credits are available through the federal government,
   Connecticut Housing Finance Authority, and DECD.
An Update from the States

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Connecticut
Other Incentives
•  Environmental Insurance - State assistance to
   redevelopers to obtain financial assurance is available
   through DECD's Manufactured Assistance Act program,
   the SCPRIF program, the new Brownfield Pilot program,
   and the new Brownfield Grants and Loans program.
•  CBRA - Offers redevelopment grants, loan guarantee
   program (up to 30% of the loan guaranteed to the lender
   in case of default), assessment grants, financing, and the
   one-stop center for programs that encourage and stimulate
   the development of Connecticut's brownfield sites.

Program Elements

Technical Elements
Methods/standards/controls: Remediation standard
regulations (Regulations of Connecticut State Agencies
[RCSA]) 22a -133k -1 through k3) were adopted in January
1996. These regulations provide criteria for cleanup of soil,
soil vapor, and ground water; permit use of background
concentrations; allow site-specific conditions; and provide
for the use of institutional controls that change cleanup
requirements but ensure for the long-term stewardship of the
site. Risk-Based Corrective Action (RBCA) process was used
as a guide in developing the criteria.
Contaminants covered/excluded: These regulations
require remediation of all substances that are part of a
release (including petroleum, asbestos, lead from paint, and
polychlorinated biphenyls (PCBs)). If numeric criteria are
not provided, criteria must be proposed and submitted to
DEP and the Department of Public Health (DPH) for review
and approval. The Commissioner can require additional
remediation.
Use of long-term stewardship and institutional controls
(1C):
   •  1C Tracking: Environmental land use restrictions (as
     prescribed in the remediation standard regulations) can
     only be implemented with the land owner's consent,
     require the Commissioner's approval, are recorded
     on the land records, and are enforceable on future
     property owners. DEP's Web site lists all Contaminated
     or Potentially Contaminated Sites and identifies if a
     site that has  been completed in the Brownfields and
     Voluntary Response  Programs has an ELUR and, if so,
     what type.
   •  1C Oversight: DEP has an environmental land use
     restriction (ELUR) coordinator who reviews all ELURs
     for consistency, and conducts inspections of ELURs on
     a targeted basis.
   •  1C Monitoring: DEP's ELUR coordinator inspected
     properties with  ELURs on an as-needed basis. DEP is
     currently considering options for long-term stewardship
     for all sites with institutional and  engineering controls.
     In addition, DEP will soon have a stand-alone list on
     DEP's Web site that lists all ELURs.
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service:
There are fees for:
•  Participation in the Voluntary Remediation Program
   pursuant to CGS §22a -133x
•  A Covenant  Not To Sue pursuant to CGS §22a -133aa
   (fees can be paid over time or waived in many instances
   per Public Act No. 07-233, section  12)
•  Property transfer filings
There are no fees for:
•  Participation in the Voluntary Remediation Program
   pursuant to CGS §22a -133y
•  A Covenant  Not To Sue pursuant to CGS §22a -133bb

Funding source for administrative costs and staff:
Funds for staff and administration are from state funds
(approximately  65%) and federal grants (approximately 35%).
•  DEP's, Bureau of Water Management and Land  Reuse,
   Remediation Division includes  42 full-time equivalent
   (FTE) staff associated with remedial activities, most of who
   work on non-National Priorities List (NPL) site cleanups.
   The Attorney General's office provides legal support with
   two to three  attorneys spending some portion of their time
   on state Superfund and enforcement of remedial action
   orders.

Cleanup Activities
Sites currently in Brownfields and Voluntary Response
Programs:
•  More than 93 sites are currently in the Urban Sites
   Remedial Action  Program (private  and state funded).
•  426 sites are currently in  the Voluntary Remediation
   Programs.
   •  351 inCGS§22a-133x
   •  75inCGS§22a-133y
•  2,924 sites (Form III filings) are currently in the Property
   Transfer Program.
•  185 sites (Form IV filings) are currently in the Property
   Transfer Program.
•  More than 3,500  sites in Brownfields and Voluntary
   Response Programs.
Sites Completed under the Brownfields and Voluntary
Response Programs:
•  More than 30 sites have been completed under the Urban
   Sites Remedial Action  Program (private and state funded).
•  34 sites have been completed under the Voluntary
   Remediation Programs.
   •  24 completed under CGS §22a-133x
   •  10 completed under CGS §22a-133y
                                                                 State Brownfields and Voluntary Response Programs:

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Connecticut
•  221 sites (Form III filings) have been completed under the
   Property Transfer Program.
•  42 sites (Form IV filings) have been completed under the
   Property Transfer Program.
Benefits (incentives to participate, covenants not to sue,
   etc.):
•  A full economic impact analysis of the state's Brownfield
   and Voluntary Response Programs has not been
   conducted.
•  DEP has observed a notable increase in use of
   brownfields for parks, open space, schools, day-care
   facilities, and recreational uses since the legislature
   increased DECD's authority to address  environmental
   liability concerns.
•  Approximately 40 Covenants Not To Sue (CGS §22a-
   133aa) have been issued by the Commissioner to both
   property owners and prospective purchasers. Every site
   completed under the Brownfields and Voluntary Response
   Programs is afforded the protections of  a Covenant Not To
   Sue pursuant to CGS §22a-133bb.
•  Since the  program's inception in 1992, more than
   $24,000,000 of the $30,500,000 provided has been
   allocated to investigate and  remediate contaminated urban
   sites. It is estimated that the 11 state-funded sites will
   create 2,500 construction jobs and a minimum of 5,000
   permanent jobs in manufacturing, service, retail,  research,
   and entertainment. In addition, a minimum of $6,000,000
   in annual municipal tax revenue will be generated.
   Additional jobs and associated benefits will be gained
   through responsible party redevelopment of urban sites
   with the cooperation of DEP.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  The state's voluntary cleanup law and the
remediation standard regulations require public notice of
certain activities, and an opportunity for comment, as well
as public hearings if there is substantial public interest in the
remediation or other activity. The regulations also provide for
public notice  and an opportunity for a public hearing when the
Commissioner is asked to approve a request by a property
owner for an  engineered control, such as a cap, to address
polluted soil.  Public  notice of proposed environmental
land use restrictions (with opportunity to comment) is
also required. For state-funded projects, DEP holds public
meetings at various stages of the investigation and cleanup.
DEP also keeps local officials informed of the status of state-
funded projects.
Public participation activities (hearing, meetings,
etc.): See previous section.
An Update from the States

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Maine
 GfenerafOnformation
   Contact: Nick Hodgkins
           Jean Firth

  Address: Maine Department of Environmental
           Protection (DEP)
           17 State House Station
           Augusta, ME 04333-0017

    Phone: Nick Hodgkins: 207 287 4854
           Jean Firth: 207 287 7716

       Fax: 207 287 7826

     Email: nick.hodgkins@maine.gov
           jean.m.firth@maine.gov

  Web site: http://www,maine,gov/dep/rwm/brownfields/
           index.htm

           http://www.maine.gov/dep/rwm/vrap/index.htm
Program Description
(VCP, brownfields, or related)
Brownfields definition: No information available
Program titles: Voluntary Response Action Program (VRAP)
Liability relief provisions:
•  Offers Certificate of Completion (COC) for all pollutants
   identified in site assessment and cleanup to the program's
   satisfaction.
•  Legal authorities include: strict, joint and several, and
   retroactive liability; orders for information; site access and
   remediation orders; administrative order authority; cost
   recovery; liens and super liens; and punitive damages of
   treble the state's costs. The Commissioner must designate
   a site for a consent decree. Penalty authority is derived
   from the hazardous waste statute. DEP also has a
   property forfeiture provision.
Financial incentives (grants, loans, tax provisions, etc.):
•  Targeted Brownfields Site Assessment grants (contractor
   services) to municipalities for site assessment of tax
   delinquent properties.
Legislative or program site eligibility requirements:
•  Responsible parties at Resource Conservation and
   Recovery Act (RCRA) sites are not eligible.
•  Responsible parties must conduct full cleanups of all
   identified contamination; non-responsible parties ((RP)
   buyers, etc.) may receive protections for partial cleanups.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites  such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Federal Section 128(a) Brownfields grant funding (~$1.2M)
   •  State Uncontrolled Sites Fund for staff time. Voluntary
     Cleanup  Program (VCP) has the authority to seek
     recovery of all costs paid out of this fund.
Tax incentives (abatements, credits, etc.): None
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): The state's
voluntary program is an alternative to the state's regular
cleanup program. Some monies are dedicated to fund the
state's participation; participants pay a $500 application fee
and are charged for time spent by the state. Site owners are
able to get full or partial liability releases depending on the
cleanup work carried out at the site. Incentives for participation
include getting sites back into economic use and getting a
certificate from  the state indicating that cleanup was completed
to the state's satisfaction. An inter-agency team is identifying
potential resources to promote brownfields redevelopment.

Program Elements

Technical Elements
Methods/standards/controls: New draft cleanup guidelines
are currently available for public review and comment and
consider four separate exposure scenarios for soil contact:
residential, outdoor commercial worker, construction/
excavation worker, and recreational/park user. Alternatively,
a site-specific goal may be established  using the state's risk-
assessment guidance document.
Contaminants covered/excluded: All hazardous
substances/wastes  and petroleum.
Use of long-term stewardship and institutional controls
(1C): Institutional controls are part of most certifications
at VRAP sites. All institutional controls are completed and
recorded at the registry of deeds  pursuant to the states'
Uniform Environmental Covenants Act (UECA).
   •  1C Tracking: VRAP receives copies of the recorded
     UECAs.
   •  1C Oversight: The state has no official institutional
     control oversight.
   •  1C Monitoring: VRAP audits a small number of
     institutional controls on an annual basis.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional  controls. This link also provides
information regarding contaminated sites in the state.
http://www.maine.gov/dep/rwm/data/remdescriptanddata.htm
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Maine
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No, but the
state has met the "Four Elements" and "Public
Record" requirements.
Costs to enter program or fees for service: $500
application fee and reimbursement of all staff costs.
Funding source for administrative costs and staff:
See "Financial Elements" above.

Cleanup Activities
Sites currently in VCP: 71 sites are underway.
Sites completed under VCP:
•  524 sites completed investigation and remedial action as
   of August 1,  2009.
•  Since the VRAP's inception in 1993, 638 sites have
   applied to the program, with final VRAP certification
   documents being issued at 524 sites.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Economic impacts are not formally tracked,
but the state documented specific sites, such as the Bangor
Gas Works site, which increased state tax revenues by
$1,300,000 annually. A number of remediated sites are now
parks, ball fields, and at least two marinas.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  There  is a guidance document, the "Voluntary
Response Action Program  Public Communication Decision
Matrix," that went into effect on January 1, 2008, that directs
public communication  at VRAP/brownfields sites.
Public participation activities (hearing, meetings,
etc.): Hearings and/or meetings are viable methods  in the
matrix.

Statutory Authorities
The Uncontrolled Hazardous Substance Sites Act, Maine
Rev. Stat., Title  38, §§1361  through 1371 (1983, as amended
1985, 1987, and 1990), establishes the Uncontrolled Sites
Fund and authorizes DEP to clean up uncontrolled hazardous
substances sites. The  law provides for: enforcement;  strict,
joint, and several liability; cost recovery; and natural resources
damages assessment and  recovery. Maine Rev. Stat., Title
38, §§343-E (1993), creates a program for voluntary cleanup
of hazardous waste sites.
An Update from the States
11

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Massachusetts
 GfenerafOnformafion
   Contact: Catherine Finneran
           MassDEP Brownfields Coordinator

           Andrew Loew
           MassDEP Assistant Brownfields Coordinator
  Address: Department of Environmental Protection
           (MassDEP)
           Bureau of Waste Site  Cleanup
           One Winter Street, 7th Floor
           Boston, MA 02108

    Phone: 617 556 1138/617 556 1148

       Fax: 6172925530

     Email: catherine.finneran@state.ma.us/
           andrew.loew@state.ma.us

  Web site: http://www.mass.gov/dep/cleanup/brownfie.htm
Program Description
(VCP, brownfields, or related)
Brownfields definition: No official definition has been
adopted in Massachusetts.
Program titles:
•  Privatized, Voluntary Cleanup Program (1993)
•  Massachusetts Brownfields Act (1998)
Liability relief provisions:
•  Under state cleanup laws (Massachusetts General Laws,
   Chapter 21E) there is strict, joint, and several liability
   for current and past owners/operators of contaminated
   property.
•  The Massachusetts Brownfields Act amended Chapter
   21E to provide liability protection  for several types of
   parties involved in brownfields projects:
   •  Eligible Persons: Owners/operators who did not cause
     or contribute to contamination at the site who meet
     other statutory requirements receive liability protection
     upon the completion of a cleanup from Commonwealth
     claims  for response action costs and third party claims
     for property damage.
   •  Downgradient Property Owners: Exempts certain
     owners and operators from liability for contamination
     that has migrated onto their property provided statutory
     requirements are met. Owners and operators are
     eligible if they have had no connection with the property
     that contains the source of the contamination and they
     did not cause or contribute to the contamination.
   •  Tenants: Exempts certain tenants from operator liability
     provided certain statutory requirements are met. Those
     include the requirement that their tenancy must have
     begun after the release was reported to MassDEP, and
     they did not cause or contribute to the contamination.
   •  Redevelopment Authorities, Redevelopment Agencies,
     and Community Development Corporations (CDCs):
     Exempts redevelopment agencies and authorities,
     CDCs, and Economic Development and Industrial
     Corporations (EDICs) provided statutory requirements
     are met. Those include the requirements that they: did
     not cause  or contribute to the contamination; respond
     to imminent hazards; and act diligently to divest
     themselves of the property.
   •  Secured Lenders: Exempts secured lenders who
     take ownership of contaminated  property through
     foreclosure provided they meet statutory requirements,
     including acting diligently to divest of the property.
•  The Brownfields Act created the Brownfields Covenant
   Not to Sue (CNTS) Program administered by the
   Massachusetts Office of the Attorney General to provide
   liability protection for projects not covered by liability
   protection offered directly under the statute. For example,
   the CNTS can be offered to a causally responsible party,
   someone who is not eligible for liability relief under the
   statute. Protection through the CNTS is also available
   to an eligible person who can reach only  a temporary
   solution. Statutory protection is provided only when a
   permanent solution is reached. Liability relief is offered
   to applicants as an incentive towards, and in return for,
   cleanup, redevelopment, and settlement of cost recovery
   claims at the site.
Financial incentives (grants, loans, tax provisions, etc.):
•  The state offers assessment and cleanup loans for
   brownfields projects located in economically distressed
   areas through the Brownfields Redevelopment Fund
   administered  by MassDevelopment. Several tax incentive
   programs are available.
•  MassDEP dedicates a portion of its federal EPA
   Brownfields funding to implement site assessment and
   cleanup projects to facilitate property turnover and
   redevelopment.
•  The state offers a tax credit that covers up to 50% of
   assessment and cleanup costs at the completion of the
   cleanup. If an Activity and Use Limitation  is used, only a
   25% credit is  available.
Legislative or program site eligibility requirements:
•  Permanent cleanup solutions must eliminate significant
   risk of harm to health, safety, public welfare, and the
   environment. Where remedial action is taken, cleanup
   to background conditions is required when feasible.
   Temporary solutions are required if  a permanent solution
   is infeasible.
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Massachusetts
•  Activity and Use Limitations are required if the remediation
   levels are based on anything less than the most
   sensitive use (i.e., residential). These Use Limitations are
   implemented through a deed notice or deed restriction as
   authorized by statute and specified in regulation.
•  Eligibility requirements for incentive programs created by
   the Brownfields Act differ, depending on the program.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  The Waste Site Cleanup  Program  is funded by the state
   general fund with support from federal grant programs.
•  Bonds fund state response actions. Bond funds  may be
   used for site investigation, studies and design, removals,
   emergency response, remedial actions,  Comprehensive
   Environmental Response Compensation and  Liability
   Act (CERCLA) match, operations and maintenance,
   and grants to citizen groups and local governments
   for technical assistance. Since 1983, MassDEP  spent
   approximately $202,000,000. As of July  2009, a balance
   of approximately $13,269,000 remained in the bond fund.
   Approximately $7,223,000 was expended from the bond
   fund during FY09, including $4,155,000  for non-National
   Priorities List (NPL) sites and $3,069,000 spent  on NPL
   sites.
•  Brownfields and Related  Economic Development
   Programs-The Brownfields Redevelopment Fund (BRF)
   Program provides interest-free site assessment  financing
   of up to $100,000. The borrower or project sponsor
   must be an "eligible person," as defined by statute, with
   site control or evidence of the right to enter the site
   for purposes of conducting environmental testing. The
   BRF program also offers  low-interest financing of up to
   $500,000 for cleanup. Remediation loans are secured
   by a mortgage (or other substantial collateral), and the
   borrower must be the owner of the site. Terms are flexible
   and determined on a case-by-case basis.
•  Approximately 10% of the state's federal brownfields
   grant funding is dedicated to site-specific assessment
   and cleanup projects as an incentive to redevelopment.
   As of July 2009, the state initiated or completed  21 site
   assessments and seven site cleanups using such funding.
Tax incentives (abatements, credits, etc.):
•  Brownfields Tax Credit for remediation—25% (with reuse
   restrictions) or 50% (without reuse restrictions),  for eligible
   persons who  complete projects in  Economically Distressed
   Areas  (EDAs).
•  Municipal Tax Abatement—Municipalities can negotiate
   back taxes on contaminated sites  in exchange for
   commitment by a new owner to clean and restore site to
   tax rolls.
•  Economic Development Incentive Program (EDIP)—
   Tax increment financing, abandoned building tax
   deduction, and investment tax credit for revenue
   generating projects located in Economic Target
   Areas (ETAs).
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
Brownfields Redevelopment Access to Capital
(BRAG)—State subsidized, volume discounted
environmental insurance provided through a private
insurer and administered by MassBusiness. Pollution
Legal Liability and Cleanup Cost Cap coverage is
available. The state subsidizes premiums on policies up
to 50%.

Program Elements

Technical Elements
Methods/standards/controls:
•  A risk-based regulatory program  is in place; the
   regulations are set forth in the Massachusetts
   Contingency Plan (310 CMR 40.000).
•  Reportable Concentrations in Soil and  Groundwater
   and Reportable Quantities establish  notifiable
   conditions. Required notification to MassDEP
   initiates mandatory site assessment  and cleanup
   (where necessary).
•  The Massachusetts Contingency Plan provides
   three methods for establishing cleanup standards
   at disposal sites. The first method relies on numeric
   cleanup standards for 120 chemicals in three ground
   water categories and three soil categories. The
   second  method allows modification of the Method 1
   numeric standards based on site-specific fate and
   transport information. The third method establishes
   cleanup goals based on site-specific conditions and
   a quantitative cumulative site  risk assessment. For
   sites  where a quantitative risk assessment is used
   to determine cleanup standards,  any applicable
   or suitably analogous Massachusetts health
   and environmental standards must be met, and
   cumulative receptor risk limits must be achieved.
   The cancer risk limit is a cumulative  excess lifetime
   cancer risk of 10-5. The non-carcinogen risk limit is
   expressed as a Hazard Index of 1.
Contaminants covered/excluded:  Any oil or
hazardous material (OHM) released to the environment
is covered, including  common contaminants such
as petroleum, asbestos (in soil), volatile organic
compounds (VOCs),  semi-VOCs, metals,  PAHs and
polychlorinated biphenyls (PCBs), perchlorate, RDX,
and HMX. Certain conditions are excluded by statute,
including lead paint at the point of application and
pesticides that were properly applied.
An Update from the States
                                                    13

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Massachusetts
Use of long-term stewardship and institutional controls
(1C):
•  Activity and Use Limitations (deed notices/restrictions) are
   used.
•  Activity and Use Limitations are filed at county land record
   offices (Registry of Deeds).
   • 1C Tracking: Activity and Use Limitations are tracked
     through publicly available databases, as well as GIS
     and KML/KMZ files.
   • 1C Oversight: The state has a Long-Term Stewardship
     goal of conducting periodic follow-up inspections.
   • 1C Monitoring: There is a state legislative mandate
     to audit all sites with Activity and Use Limitations. An
     unfavorable audit may re-open cleanup.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information  regarding contaminated sites in the
state.
http://www.mass.gov/dep/cleanup/sites/siteactu.htm

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  No
Costs to enter program or fees for service:
Annual Compliance Fees are assessed each year for each
site until a site is permanently remediated. In addition, permit
fees apply to some waste site cleanup submittals.
Funding source for administrative costs and staff:
Waste Site Cleanup Program: MassDEP's Waste Site
Cleanup Program has a total of 186 full-time  equivalent (FTE)
staff. The Bureau of Waste Site Cleanup is the program lead.
The Bureaus of Waste Prevention and Resource Protection
also have staff dedicated to the program. In addition, 10
FTE attorneys from MassDEP's Office of General Counsel
and several attorneys  in the Commonwealth's Attorney
General's office provide enforcement support. Scientists in
MassDEP's Office of Research and Standards provide risk
assessment support at specific sites and in regulation and
policy development. There are two state wide brownfield
coordinators in MassDEP's Boston Office, and technical
brownfield points-of-contact in each MassDEP regional office.
Cleanup Activities
Sites currently in VCP: As of July 2009, 38,876 release
notifications have been made to MassDEP, with about 3,800
still active. Approximately 1,500 new releases enter the
program each year.
Sites completed under VCP: From a universe of 38,876
releases that have been reported to MassDEP, 33,455
releases have been closed out. Beginning in 2002, the
number of cleanups per year has surpassed the new
notifications.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Liability protection is available under
Chapter 21E and through the Brownfields CNTS Program.
Public participation requirements (notice, comment
periods, etc.): The statute and regulations require public
notice of all classifications of disposal sites and applications
for Tier I permits for response  actions. When citizens
petition for community involvement in response actions, a
public involvement plan must be prepared. Local officials
are informed of key site activities throughout the cleanup
process. The person  conducting the response action is
required to implement specific public involvement activities,
and to provide notice to affected parties, owners of property
within site boundaries, and owners of properties where
sampling is conducted. The CNTS program requires notice
of third parties as part of the covenant negotiation process.
The BRF program requires community support letters for all
applications.
Public participation activities (hearings, meetings, etc.):
See above

Statutory Authorities
•  The Massachusetts Oil and Hazardous Material
   Release Prevention and Response Act, MGL Chapter
   21 E: authorizes DEP to ensure the cleanup of sites
   contaminated by oil or hazardous material. Law provides
   for: enforcement; strict, joint, and several liability; cost
   recovery; public participation; natural resources damages
   assessment and recovery; and voluntary cleanups.
•  The Massachusetts Brownfields Act MGL  Chapter 206
   (1998) authorizes several agencies at the  state level to
   administer financial and liability programs  created through
   this program.
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       State Brownfields and Voluntary Response Programs:

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New  Hampshire
 (genera fOnformation
   Contact: H. Keith DuBois

  Address: New Hampshire Department of Environmental
           Services (DES)
           P.O. Box 95
           Concord, NH 03301-0095

    Phone: 603 271 2987

       Fax: 603271 2181
     Email: Keith.DuBois@des.state.nh.us

  Web site: http://des.nh.gov/organization/divisions/waste
           h wrb/sss/brownfields/index. htm
Program Description
(VCP, brownfields, or related)
Brownfield definition: New Hampshire defines brownfields
in statute to be "properties which have been environmentally
contaminated, subject to limitations of RSA 147-F:4, II.
These limitations include requiring that the property be in
compliance with any corrective actions or compliance orders
and the property can not be eligible for cost reimbursement
from the oil discharge and disposal cleanup fund, the fuel oil
discharge fund or the motor oil discharge cleanup fund unless
it receives substantially less than full  reimbursement from
these  funds." In addition, the state uses EPA's definition as
its working definition for broader brownfields redevelopment
efforts (including those outside the Voluntary Cleanup
Program (VCP).
Program titles:  Brownfields Covenant Program (1996)
Liability relief provisions:
•  Program offers No  Further Action  (NFA) letter, Certificate
   of Completion (COG), and Covenant Not to Sue (CNTS).
•  State law provides for strict, joint, and several liability.
   The state is authorized to issue administrative orders,
   including orders for information, site access, and site
   cleanup. The  state also has subpoena and consent order
   authorities. New Hampshire may take injunctive  action to
   induce a generator to clean up a site, may impose criminal
   penalties, and may bring an action to recover costs. New
   Hampshire has a first priority lien on: 1) real property
   (other than residential property) where hazardous waste
   or hazardous material is  located; 2) the business revenues
   generated from the facility on the real property where the
   hazardous  waste or hazardous  material is located; and 3)
   all  personal property located at  this facility. A lien without
   priority, effective as of the date and time of recording and
  filing, can be  established against all other property.
Financial incentives (grants, loans, tax provisions,
etc.):
•  Municipally-owned sites are eligible for state clean
   water revolving fund loans (as of October 1, 1999).
•  EPA-capitalized Brownfield Cleanup Revolving Loan
   Fund (RLF) provides low-interest loans and some
   direct financial assistance to brownfields cleanup.
   Eight loans have been made. Sites statewide
   are eligible. Loan amounts are typically between
   $50,000 to $500,000, but any amount can be
   requested and will be considered. Interest rates and
   terms are negotiable. Interest rate for loans to date is
   3%. Loans for environmental remediation may have
   terms of up to  10 years, but preference is given to
   shorter term or bridge loans.
•  Site investigation and remedial action planning
   services available to municipalities and nonprofits
   through DES Brownfields Program (with EPA grant
   money and DES Cost  Recovery Funds used to pay
   state environmental consulting contractors).
•  DES established a Cleanup Grant Program under its
   RLF. The program allows DES to issue cleanup sub-
   grants up to a maximum of 40% DES' RLF grant. At
   present, a total of $400,000 was awarded for grants
   to clean up petroleum sites and a total of $200,000
   was awarded for grants to clean up  hazardous
   waste/hazardous building materials contaminated
   sites. No site can receive more than $200,000 in
   cleanup grants. DES does not anticipate awarding
   additional cleanup grants at this time. However,
   additional grant competitions will be announced
   when funding permits.
•  DES cost  recovers for staff time associated with the
   management of contaminated sites. DES has an
   agreement with EPA which allows DES to use cost
   recovery income to fund targeted assessments and
   cleanups at brownfields sites.
Legislative or program site eligibility requirements:
•  Cleanup levels must meet or exceed any federal
   standards. Sites must achieve existing federal
   standards for ground water and surface water.
   The state  developed a Risk Characterization
   and Management Policy for soils, which provides
   for a three-tiered approach to selecting cleanup
   standards. The first two tiers incorporate established
   values, while the third tier involves site-specific
   risk assessment. The state uses risk levels of 10-6
   (individual) or 10-5 (cumulative) for carcinogens and
   a Hazard Index of 1. Where land use assumptions
   are a basis for establishing cleanup standards, the
   state may require that "Activity and Use Restrictions"
   (AUR) be recorded on the deed. In addition, NHRSA
   Chapter 485 authorizes the state to designate
   Ground Water  Management Zones as a component
An Update from the States
                                                    15

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New Hampshire
   of ground water remediation, and the law requires that
   Ground Water Management Zones be recorded in the
   registry of deeds.
•  New Hampshire enacted legislation creating a
   Brownfields Covenant Program in July 1996. Any property
   contaminated with hazardous waste hazardous materials,
   or oil is eligible, except sites that are being cleaned up
   through one of the state's petroleum reimbursement funds
   and sites that are under an environmental or corrective
   order (unless participation in the program will bring about
   compliance). A CNTS which protects against liability under
   state law, may be issued to participants other than those
   who caused or contributed to the contamination. Cleanup
   is underway or completed at 27 sites participating in the
   Brownfields Covenant Program.
•  New Hampshire law provides general authority for
   voluntary cleanups. The state considers voluntary
   cleanups to be an integral part of its program and
   essentially all non-National Priorities List (NPL) site
   cleanups to be voluntary cleanups.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  The Waste Management Division of DES administers the
   Hazardous Waste Cleanup Fund (HWCF).The Division's
   Hazardous Waste Remediation Bureau is primarily
   responsible for work on federal Superfund and all non-
   Superfund state sites.
•  The HWCF is derived primarily from quarterly fees paid
   by generators of hazardous waste, recovered costs, fines,
   and penalties. An average of $1,400,000 is collected each
   fiscal year. The HWCF can be used for site investigation,
   operations and maintenance, studies and design,
   removals, emergency response, remedial action,  program
   administration, and grants to local  governments. State
   law requires that the governor certify that circumstances
   require use of the fund. NHRSA Chapter 147-B provides
   for issuing bonds, to be paid from the HWCF, to fund
   remedial investigation and cleanup. A separate capital
   bond is appropriated for Comprehensive Environmental
   Response Compensation and Liability Act (CERCLA)
   match  for each fiscal year.
•  DES established a Cleanup Grant Program under its RLF.
   The program allows DES to issue cleanup sub-grants
   up to a maximum of 40% of DES' RLF grant. At present,
   a total  of $400,000 was awarded for grants to clean up
   petroleum sites and a total of $200,000 was awarded for
   grants to clean up hazardous waste/hazardous building
   materials contaminated sites. No site can receive more
   than $200,000 in cleanup grants. DES does not anticipated
   awarding cleanup grants in 2009 or 2010 unless additional
   funding becomes available.
•  DES cost recovers for staff time associated with the
   management of contaminated sites. DES has an
   agreement with EPA which allows DES to use cost
   recovery income to fund targeted assessments and
   cleanups at Brownfields Sites.
Tax incentives (abatements, credits, etc.):
•  "Qualified  holder" provisions of hazardous waste and
   petroleum statutes provide protection to lenders and
   municipalities (for tax deeding).
•  Brownfields sites are exempt from state hazardous waste
   generator fees.
•  Municipalities can abate taxes  at brownfields sites.
Other forms of support (environmental insurance,
brownfields  redevelopment authorities, etc.):  Not
applicable to  New Hampshire.

Program Elements

Technical Elements
Methods/standards/controls:  Risk characterization and
management policy includes a three-tiered risk-based
approach. Contaminant-specific generic soil and ground water
cleanup standards are provided in table form; alternatives can
be developed based upon site-specific information.
Contaminants covered/excluded: Petroleum, asbestos,
lead paint, polychlorinated biphenyls (PCBs) all OK.
Use of long-term stewardship and institutional controls
(1C):
•  AURs are  used when the risk characterization depends
   upon the restriction of site activities and uses to achieve or
   maintain protection of human health and/or environment.
   After completion of  active remedial  measures, a ground
   water management permit (an  institutional control itself)
   is typically issued to monitor ground water quality until it
   meets standards.
•  When properly applied, AURs are protective and provide
   for cost-effective risk management.  Use of AURs has
   helped make site redevelopment feasible at some sites.
   •  1C Tracking: Require responsible parties (RPs)to
     submit  draft Notices of Activity and Use Restriction to
     the Department. Groundwater use is addressed under
     Groundwater Management  Permits and a Notice of
     Groundwater Management  Permit is  recorded in the
     chain of title for each property located within the permit
     Groundwater Management Zone. Copies of Recorded
     Notices of Activity and Use  Restriction and Notices of
     Groundwater Management  Permit bearing the County
     Registry of  Deeds stamp are required. The Department
     posts all draft Notices, Groundwater Management
     Permit Applications. Final recorded Notices of Activity
16
       State Brownfields and Voluntary Response Programs:

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New  Hampshire
     and Use Restrictions, and Groundwater Management
     Permits on our OneStop database for public access.
   •  1C Oversight: The Department reviews and approves
     all draft Notices of Activity and Use Restriction prior to
     recordation in the chain of title for a site.
   •  1C Monitoring: The Department does not currently
     have a program for monitoring compliance with
     Notices of Activity and Use Restriction. However, the
     Department is considering instituting a trial monitoring
     program in the future. RPs and subsequent site
     owners are required to submit self-certification forms
     to the Department on an annual basis to demonstrate
     continued compliance and awareness of the Notice of
     Activity and Use Restriction. Groundwater  Management
     Permits require periodic submittal of ground water
     monitoring results and Annual Groundwater Monitoring
     Summary Reports.
The following Web address is a direct link to the state's public
database that maintains an  inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www2.des.state.nh.us/OneStop/

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: There is  a
$750 application fee and a $4,500 participation fee for the
Brownfields Covenant Program. The state also exercises
its statutory authority to recover actual personnel and
overhead costs for DES staff who work on contaminated sites
investigation and remediation within the voluntary cleanup
program.
Funding source for administrative costs and staff:
The Bureau has 25 full-time equivalent (FTE) staff, 15 of
whom work on non-NPL sites. The Department of Justice
(Office of the Attorney General) provides legal support
through 4.5 FTE attorney positions and receives an annual
appropriation from the HWCF. The program's funding comes
from the HWCF (20%) and federal grants (80%).

Cleanup Activities
The state generally does not undertake remediation at
non-NPL sites. About 12 non-NPL sites are currently being
cleaned up. Approximately 187  sites have been cleaned up
on a voluntary basis since the start of the program, with about
29 completed in the past fiscal year. In addition to staff and
administration, the HWCF has been used for emergency
removal activities and for various hydrogeological studies at
sites in the preliminary stages of investigation.
Sites currently in VCP: Since inception, 49  sites have
enrolled in program.
Sites completed under VCP: Site remediation has
been completed and covenants have been issued at 21
sites in the Brownfields Covenant Program.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.):
•  Approximately 2,000 jobs were created or retained.
   Redevelopment uses included hotel/conference
   center, multi-tenant office, small businesses, light
   manufacturing, town office complex, public parks,
   residential town houses,  and a variety of other uses.
   In excess of $50,000,000 in new capital investments
   in sites was leveraged.
•  New Hampshire state and local governments have
   seen increased business and property tax revenues,
   but these have not been quantified. A good
   example—the former Whitney Screw site project in
   Nashua, New Hampshire—won an Environmental
   Merit Award in 2002. It used the Brownfields
   Covenant Program, Brownfields Cleanup RLF
   program, and state petroleum reimbursement funds
   to leverage private redevelopment investments in
   excess of $3,500,000.

Public Participation
Public participation requirements (notice, comment
periods, etc.): The state  is working to develop public
participation procedures in conjunction with its grant
funding under the CERCLA 128(a) State and Tribal
Response Program Grant. DES continues to maintain
and update its inventory of brownfields sites. A list
of active brownfield sites regardless of the funding
source can be accessed by the public from DES' Web
site at http://www2.des.state.nh.us/OneStop/ORCB
Brownfield Results.aspx.  A list of closed brownfield
sites regardless of the funding source can be accessed
by the public at http://www2.des.state.nh.us/OneStop/
ORCB Closed Brownfield  Results.aspx. These two
search features are being revised to capture the full
universe of sites managed under the Brownfields
Program umbrella. The revisions to these search
features are expected to be completed May 30, 2008.
A "Master List" of contaminated sites currently being
managed by DES and sites closed by DES can be
viewed in DES' OneStop database at http://www2.des.
state.nh.us/OneStop/DES Master Query.aspx. This
database allows the public to search for a listing of sites
by the municipality in which  they are located.
DES' OneStop database also allows the public to
search for sites with Groundwater Management
Permits and Release Detection Permits (two forms of
Institutional Control) by the municipality in which they
are located. Please refer to http://www2.des.state.
nh. us/OneStop/ORCB Query. aspx?Project=G WP fo r
this search feature. DES' OneStop database provides
An Update from the States
                                                    17

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New  Hampshire
a list of sites with a Notice of Activity and Use Restriction at
http://www2.des.state.nh. us/OneStop/ORCB Remediation
restrictions.aspx. The OneStop database allows the public
to search for sites at which remedial actions and initial
response actions were completed. Please refer to www2,des,
state.nh.us/OneStop/ORCB Query.aspx?Project=CSTfar
this search feature. These Web site search features do not
currently allow the user to generate a statewide list of sites
with ground water management permits completed remedial
actions, or initial response actions. DES is in the process of
revising the Web site to allow for statewide listings.
DES also continues to update its Brownfields Program Web
site at http://des.nh.gov/organization/divisions/waste/hwrb/
sss/brownfields/index.htm
To make the Web site more informative to the public and
EPA, DES added the following information to the Brownfields
Program Web site: (a) a tabular list of all brownfield sites
regardless of the funding source where contaminant exposure
hazards have  been managed via recordation of a Notice of
Activity and Use Restriction (a form of institutional control);
(b) a tabular list of all brownfield sites that are the subject
of long-term ground water monitoring under a Groundwater
Management  Permit (a form of institutional control); and
(c) a tabular list of all brownfield sites that have received
a Covenant Not To Sue. These search items are dynamic
and are linked to the OneStop database. DES anticipates
completion of  these Brownfields Program Web site revisions
by August 30,  2009.
Public participation activities (hearing, meetings, etc.):
DES participates in public meetings on a site specific basis.
Publication of  a notice of approved remedial action plan
and a 30-day public comment period are required for all
sites participating in DES' Brownfields Covenant Program.
Public meetings are also held on a site specific basis for
non-covenant  sites based on the complexity of the proposed
remedial action and/or the level of public interest/concern.

Statutory Authorities
•  The New Hampshire Hazardous Waste Cleanup
   Fund Act (HWCF), NHRSA Chapter 147-B (1981, as
   amended 1983, 1985, 1986, 1987,  1990, 1991 and
   1996), establishes the  Hazardous Waste Cleanup Fund
   and authorizes the DES to use the fund for expenses
   directly associated with cleanup of hazardous waste or
   hazardous  materials. The law provides for: enforcement;
   strict, joint, and several liability; and cost recovery. NHRSA
   Chapter  147-B and  Chapter 147-A (hazardous waste
   management), provide general authority for voluntary
   cleanups.
•  NHRSA Chapter 485 (1996) and the Groundwater
   Protection  Rules, ENV-Ws 410, authorize the designation
   of Ground Water Management Zones as a component of
   the remediation of contaminated ground water and provide
   for the issuance of permits for the remediation. The law
also requires recipients of a permit to record notice of the
Ground Water Management Zone designation with the
registry of deeds.
NHRSA Chapter 147-F (1996), establishes the state's
brownfields program.
Env-Or 600 establishes rules for the reporting,
investigation, and remediation of contaminated sites and
establishes soil and ground water remediation standards.
Copies of Env-Or 600 can be downloaded at http://des.
nh.gov/organization/commissioner/legal/rules/documents/
env-or600.pdf.
Env-Or 800 establishes rules for participation in and
management of DES' Brownfields Covenant Program.
Copies of Env-Or 800 can be downloaded at http://des.
nh.gov/organization/commissioner/legal/rules/documents/
env-or800.pdf.
18
     State Brownfields and Voluntary Response Programs:

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Rhode  Island
 (genera fOnformation
   Contact: Kelly J. Owens
  Address: Rhode Island Department of Environmental
           Management (DEM)
           235 Promenade Street
           Providence, Rl 02908-5767
    Phone: 401 222 2797
       Fax: 401 2223812
     Email: kelly.owens@dem.ri.gov
  Web site: http://www.dem,ri.aov/brownfields
Program Description
(VCP, brownfields, or related)
Brownfields definition: Rhode Island does not define a
brownfields in statute or regulations, but DEM relies on the
Brownfields Law definition.
Program titles: Industrial Property Remediation and Reuse
Program (1995): State Site Remediation and Brownfield
Program, Voluntary Cleanup Program
Liability relief provisions:  Under state law, all parties
responsible for contamination at a site ("responsible
parties" or "RPs") are strictly, jointly and severally liable for
remediating the site. The remedial liability is retroactive in
the sense that liability attaches when a site is determined
to be contaminated without regard to when the site became
contaminated or whether the activity that caused the
contamination was legal at the time it occurred. A person or
entity can become a liable RP simply by acquiring ownership
of or using a site that was contaminated by past activities. In
addition to becoming liable for site cleanup,  RPs may also
be subject to administrative or judicial legal action, civil and
criminal penalties, treble damages, and payment of costs
incurred by the state in its handling of the  contaminated site.
An RP that participates in a cleanup, can  receive a Letter
of Compliance from DEM indicating that the remediation is
complete. The brownfields program allows non-RPs—typically
prospective purchasers or users—to protect themselves
from liability of a contaminated site. Under the brownfields
program, a non-RP that is interested in buying, using,
developing, or remediating a contaminated site can become
eligible to receive a Covenant Not to Sue  (CNTS) that
protects against liability from the state  following completion
of a OEM-approved cleanup, performed pursuant to a
Brownfields Remedial Agreement. (Settlement Agreements
and Covenants Not To Sue were removed from Brownfield
statute and were replaced by Remedial Agreements).
Although one or more RPs or potential responsible parties
(PRPs) are often the parties that actually  perform the
cleanup, RPs and PRPs are not eligible to receive a CNTS.
Financial incentives (grants, loans, tax provisions,
etc.): EPA-capitalized Brownfields Cleanup Revolving Loan
Fund  (RLF) provides low-interest loans and sub-grants (to
nonprofits and municipalities only) for site cleanup.
DEM received funding for site assessment work for
municipalities and nonprofit associations, through
EPA Brownfield Assessment  grants and the  EPA
Section 128(a) funding to the state. Section  128(a)
funding can also be used for  cleanups. Applications for
assessments and cleanups are accepted on a rolling
basis.
The Rhode Island Mill Building and Economic
Revitalization Act offers a 10% tax credit on  the cost of
substantial rehabilitation for certified sites.
Incentives are available to lenders that provide
financing to mill developers.
Legislative or program site eligibility
requirements: Cleanup levels are determined
on a case-by-case basis, using water quality
criteria, Maximum Contamination Level/Maximum
Contamination Level Goal (MCLs/MCLGs), ground
water standards, background levels, EPA guidelines
and generic risk-based soil standards developed
by the state. The state also uses site-specific
risk assessment. The remedial objective  for  each
carcinogenic substance cannot exceed a 1 X 10-6
excess lifetime cancer risk level and the cumulative
excess lifetime cancer risk posed by the  contaminated-
site cannot exceed 1 X 10-5.  The remedial objective
for each non-carcinogenic substance does not exceed
a Hazard Index of 1 and the cumulative Hazard Index
posed by the contaminated-site does not exceed 1 for
any target organ. The state considers assumptions
about future land  use in establishing cleanup levels.
Where remediation standards are based on  land use
restrictions, the state requires that environmental land
usage restrictions (ELURs) be recorded  with the title
and that restrictions are annually monitored  in order to
ensure compliance with the Remediation Regulations.
Voluntary cleanups are handled under the regular
cleanup program. Although anyone is eligible, non-
PRPs may obtain a CNTS and protection from
contribution actions. The brownfields program
targets any underutilized site where contamination
or suspected contamination impedes development.
Participating sites may receive liability protection.
Highlights of the changes to the state brownfields
legislation:
•  Establishment of Remedial Agreement:
   •  No new proposals for settlement agreements
     after 12/3172006
   •  No execution of settlement agreements after
     6/30/2007
   •  NEW remedial agreements after 6/30/2007
   •  Remedial agreement boilerplate format is STILL
     currently under development. The remedial
     agreement  is intended  to be far simpler than
     the settlement agreement and is intended to
     improve the time involved by limiting unnecessary
     negotiations.
An Update from the States
                                                    19

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Rhode Island
•  Deferral of Cleanup Obligations During Marketing:
   •  A responsible party may defer their cleanup obligations
     for up to three years if they conduct, or allow another
     party to conduct, an investigation of the site; provided,
     however, that: (1) the site has not been subject to
     previous notification; (2) any imminent threat to human
     health, public safety, or the environment, as determined
     by the department; and  (3) any contamination found
     that is migrating off-site, or presents a threat to migrate
     off-site within one year. A responsible party may only
     defer cleanup obligations when the delay will not
     aggravate or contribute to a release at the site and
     the results of those investigations are submitted to the
     department of environmental management in a timely
     manner.
•  Due Diligence Requirements for Sensitive Reuse
   Scenarios:
   •  Addresses a high priority concern regarding
     development of brownfield sites by requiring a new
     public participation process for sensitive reuse
     scenarios (e.g., schools, day care facilities, and
     recreational facilities for public use) that prohibits
     investigation, remediation, or construction until the
     conclusion of a public comment period (except for
     imminent public health and/or environment hazards
     and off-site migration scenarios). Allows for greater
     public participation by residents when brownfield sites
     are going to be redeveloped for a clear public use
     —schools, daycare facilities, parks and recreational
     facilities being important examples.

Financial Elements
Assessment  and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):  The Rhode Island Targeted
Brownfields Assessment (TBA) Program is funded by
EPA and administered through OEM's Office of Waste
Management. The purpose of the TBA program is to provide
environmental site assessments of brownfield properties
in order to determine the actual extent and severity of
contamination—if any is present. This program is targeted
specifically at government, tribal, and nonprofit organizations
that are not considered RPs relative to the contaminated
property. The TBA is conducted by one of OEM's technical
assistance contractors (TAG) with direct oversight and control
by Department personnel. The TBA Report, generated by the
performance of the TBA, fully  meets the Site Investigation
requirements  of Section 7.0 of the Rules and Regulations
for the  Investigation and Remediation of Hazardous
Material Releases (Remediation Regulations). The TBA
Report also provides a preliminary cost estimate for the
proposed remedies to bring the site into compliance with the
Remediation Regulations. Due to the fact that DEM generates
the TBA Report, it enjoys a higher level of acceptance with
the business and environmental communities and eliminates
the uncertainty surrounding the required cleanup of the
property, thereby facilitating its redevelopment and reuse.
Through EPA's 128(a) funding to the state, OEM's Office of
Waste Management can assist government, tribal, and non-
profits with remediation expenses by having a state TAG work
on the cleanup. There are no direct cash disbursements or
sub-grants to the eligible parties. Instead the TAG contractor
will perform cleanup services up to a maximum of $50,000
and be paid directly by the state.
Tax incentives (abatements, credits, etc.):
•  There were nine participating municipalities that
   nominated mill buildings for participation in the program
   which provided Mill Building Tax Credits for investors. The
   Economic Development Corporation (EDC) oversaw the
   program aimed to assist developers in renovating certified
   mill buildings. The nominating process for mill buildings
   concluded  in December 2000, and the enabling legislation
   (RIGL 42-64.9) sunset on August 8, 2009.
•  There are Historic Mill Building Tax Credits for the
   rehabilitation of historic commercial structures. The Rhode
   Island Historical Preservation and Heritage Commission
   formerly administered both the federal and state tax credit
   programs. The state tax credit was eliminated during the
   2009 legislative session due to state budget issues.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
•  The state EDC in coordination with DEM administers a
   Brownfields Cleanup Revolving Loan Fund. EDC acts as
   the program manager and DEM acts as the site manager.
   Sub-grants are available to nonprofits and municipalities
   under the RLF, and loans are available to all interested
   parties.

Program Elements

Technical Elements
Methods/standards/controls: The Remediation Regulations
were amended on February 24, 2004. The changes include
the following: 1) revised arsenic standards for  Residential and
Industrial/Commercial Direct Exposure Criteria both raised to
7.0 mg/kg; 2) special requirements for managing arsenic in
soil—Section  12; and 3) additional revisions and clarifications
in Sections 1 through 14,  including the appendices.
Contaminants covered/excluded: Petroleum and
polychlorinated biphenyls (PCBs) are included under
the Remediation  Regulations. Lead-based paint from
industrial/commercial properties also are covered under
the regulations, but only in cases where they are  in the
environment and not still on a structure. Lead-based paint
contamination at  residential properties falls  under the
jurisdiction of the Department of Health when the source of
the contamination is the residence. Some jurisdiction remains
under the Remediation Regulations if the source  is from
some other structure such as a water tank or a bridge.
Use of long-term stewardship and institutional controls
(1C):  State supports the use of Environmental Land Usage
Restrictions (ELURs) on properties when warranted. Annual
ELUR compliance monitoring wells and annual monitoring
has been required since 1999. In addition, OEM's Office
20
       State Brownfields and Voluntary Response Programs:

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Rhode  Island
of Waste Management has been auditing a percentage of
the properties that have  ELURs since 2005. Benefits of
institutional controls are  that more sites are being cleaned
and reused. Community  concerns are being addressed by
mandatory public notice  requirements at various points in
investigation and remedy selection and there are special
Public Notice requirements on sites in Environmental Justice
areas.
   •  1C Tracking: ELURs are recorded on the deeds of the
     properties and their presence is tracked in a database
     maintained by DEM. The self-monitoring and audits
     are also tracked in the database.  Properties not
     in compliance are  issued progressive enforcement
     documents.
   •  1C Oversight: DEM provides oversight on all
     remediation projects, which includes reviewing plans for
     engineered caps and ELURs.
   •  1C Monitoring: DEM audits a percentage of all sites
     with ELURS every year since 2005 and has required
     self monitoring of the ELURs by the property owners
     since approximately 1999.
The following Web address is a direct link to the state's public
database that maintains  an inventory of sites, maps sites,
and/or tracks institutional controls. This  link also provides
additional information regarding contaminated sites  in the
state.
http://www.dem, ri,gov/brownfields/documents/#pubrecrd

Management & Implementation Elements
Voluntary Cleanup Program MOA with  EPA:  February
1997
Costs to enter program or fees  for service: The only fee is
the $1,000 Remedial Action Approval fee which is required of
all projects that fall under the Remediation Regulations.
Funding source for administrative costs and staff:
Previously the majority of the program was supported by out-
of-state funds, however brownfields funding, from EPA 128(a),
Subtitle C of the federal  Brownfields Law, is currently paying
for some administrative costs and staff.
OEM's  Bureau of Environmental Protection, Office of
Waste Management, has 39 full-time equivalent (FTE) staff.
Federal grants provide the majority of funding for staff and
administration, with the remainder coming from the state
general fund.

Cleanup Activities
Sites currently in VCP:  779 sites are currently active or are
in long-term  monitoring;  133 sites entered into Settlement
Agreements  and Covenants Not To Sue (SACNTS) totaling
1,150 acres. The ability  to enter into SACNTS was removed
from legislation in June of 2007 and was replaced by
Remedial Agreements which also contains a covenant not
to sue section.  Only one Remedial Agreement has been
finalized to date.
Sites completed under VCP: 39 sites completed the
Voluntary Cleanup Program (VCP) program during the
last fiscal year. Approximately 780 sites have completed
the VCP.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): An estimated 2,014
jobs were created; 133 businesses were created
or retained on brownfields sites; based on the
133 sites with agreements in place, new value of
remediated properties is $108,998,486; they generated
approximately $2,496,000 in sales and property taxes,
and $6,992,278 in income tax revenues.
Public Participation
Public participation requirements (notice, comment
periods, etc.): State law and regulations require
community involvement in investigation and remediation
of contaminated sites, including notification to nearby
residents of proposed site investigations, availability
of records, notice, and notice and comment on the
technical feasibility of  proposed remedies. DEM policy
is to expand public participation opportunities; DEM
sought to implement this policy through the public
notice and comment process, as well as through
agency program planning meetings. DEM expanded
Public Notice requirements on sites in Environmental
Justice (EJ) areas during the last fiscal year. That
policy was finalized on June 23, 2009. The current
policy guiding these sites will be adjusted based
on practical experience gained through use  and is
expected to be adopted into Statute or Regulation at
some point in the future.
Public participation activities (hearing, meetings,
etc.):
Based on the proposed reuse and nature of the site,
DEM has the flexibility in its public notice requirements
to require public meetings and hearings. DEM found
the need to require public meetings when brownfield
properties are being redeveloped as schools, daycare
facilities, and recreational facilities for public use.

Statutory Authorities
•  The Hazardous Waste Management Act, R.I. Gen.
   Laws, §§23-19.1-1 through 23-19.1-33 (1978,
   as amended, 1979, 1984, 1987), establishes the
   Environmental Response Fund and authorizes DEM
   to clean up abandoned, uncontrolled, and/or inactive
   sites. The law provides for: enforcement; joint  and
   several liability; cost recovery; natural resources
   damages assessment and recovery; and public
   participation.
•  The Industrial Property Remediation and Reuse
   Act, R.I. Gen. Laws §§23-19.14-1 through 23-
   19.14-19 (1995), provides for voluntary cleanup
   and brownfields cleanup, and clarifies enforcement
   authorities  and public participation.
An Update from the States
                                                    21

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Vermont
 (genera fOnformation
   Contact: George Desch
           Don Einhorn

  Address: Vermont Department of Environmental
           Conservation (DEC)
           103 South Main Street
           Waterbury, VT 05671 -0404

    Phone: 802 241 3888

       Fax: 802 241 3296

     Email: george.desch@state.vt.us
           donald.einhorn@state.vt.us

  Web site: http://www.anr.state.vt.us/dec/wmd.htm

           http://www.anr.state.vt.us/dec/wastediv/SMS/
           brownfields-home.htm
Program Description
(VCP, brownfields, or related)
Brownfields definition: Vermont's Brownfields Reuse and
Environmental Liability Limitation Act defines a brownfield
as "real property, the expansion, redevelopment, or reuse
of which may be complicated by the release or threatened
release of a hazardous material."
Program titles:
•  Brownfields Reuse and Environmental Liability Limitation
   Act (BRELLA), 10 V.S.A. §6641  et seq.This Brownfields
   Program provides participants with a broad release from
   state liability in exchange for cleanup of a contaminated
   property. Participation in BRELLA is open to prospective
   purchasers and current owners, provided that they did
   not cause or contribute to the contamination and are not
   affiliated with any entity that caused or contributed to the
   contamination. As indicated by the above definition, most
   contaminated properties are eligible for participation in
   BRELLA. National Priorities List (NPL) sites are excluded,
   as are properties that are subject to an administrative
   or court order under Comprehensive Environmental
   Response Compensation and Liability Act (CERCLA)
   or the state's hazardous waste law. As indicated below,
   many brownfields redevelopment projects in Vermont
   take place  outside of BRELLA, through the use of a less
   formal, voluntary cleanup process. In those instances, the
   property owner does not receive the broad release from
   state liability afforded by BRELLA, but  rather receives a
   state sign-off that is subject to re-openers. Participation  in
   BRELLA also enables access to the state's Brownfields
   Revitalization Fund (see below).
•  Vermont does not have a formal Voluntary Cleanup
   Program (VCP) for responsible parties that do not
   otherwise qualify for participation in BRELLA. However,
   the state does encourage and support voluntary cleanups,
   and many brownfields projects are handled in this manner.
   In those instances, the property owner receives a Sites
   Management Activities Complete (SMAC) letter. This
   letter is issued when the state is satisfied with the work
   performed at the property. However, under the SMAC
   approach the state reserves the right to re-open the matter
   and require additional work in the future.
Liability relief provisions:
•  BRELLA provides participants with a Certificate of
   Completion (COC) upon implementation of a state
   approved Corrective Action Plan. The COC effectively
   releases the property owner from state liability, which
   may only be rescinded in limited circumstances,
   such as fraud or hazardous material releases which occur
   subsequent to the cleanup. The release conferred by the
   COC is permanent and runs with the property, transferring
   the benefit to successor property owners. The release
   from state liability also extends to cover future regulatory
   changes which result in more stringent cleanup standards
   or the designation of previously unregulated materials
   as hazardous. COC recipients are also protected from
   contribution claims that may be brought by responsible
   parties. Protection from third-party liability claims is not
   provided. For participants that enter BRELLA prior to
   acquiring the brownfield property, the COC may be issued
   upon "substantial completion" of the cleanup contemplated
   by the approved Corrective Action Plan (CAP). For
   participants that own the property at the time of entry
   into BRELLA, the COC is issued upon completion of all
   activities identified in the CAP.
Financial  incentives (grants, loans, tax provisions, etc.):
•  BRELLA contains a cleanup cost increase protection
   provision. This provision applies to BRELLA participants
   that enroll in the program prior to acquiring a brownfield
   property and limits the state's ability to unilaterally modify
   an approved CAP when that modification would result in a
   cleanup cost increase of more than 30% of the estimated
   costs of completing the original CAP.
•  The Brownfields Revitalization Fund (BRF) provides
   grants and loans to eligible parties for site investigation
   and cleanup at brownfield properties. With very  limited
   exception, applicants for a grant or loan must be enrolled
   in BRELLA. Applicants must also have a state approved
   work plan for the phase of the project for which  assistance
   is sought. The state initially capitalized the BRF with
   $400,000 and subsequently  received a $1,000,000
   Revolving Loan Fund grant from EPA. As of June 2009, all
   of the state funds had been committed and approximately
   $200,000 of the EPA funds were committed.
22
       State Brownfields and Voluntary Response Programs:

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Vermont
•  The state has a Technical Assistance Program which
   provides grants of services to municipalities, nonprofits,
   and private parties involved in brownfields reuse projects.
   Under this program, the state contracts with qualified
   environmental professionals who perform the work for
   which assistance is sought. This work may include site
   investigation, cleanup planning, and actual cleanup.
   Applications are scored based on the project's ability to
   accomplish state brownfield reuse goals. Primary goals
   are protection of environmental and human health along
   with economic development - which may include job
   creation or retention, creation of affordable housing, and
   creation of greenspace. Additional goals  include smart
   growth, green development, and ecological enhancement.
•  The state's Petroleum Cleanup  Fund (PCF) has been
   utilized in connection with brownfield projects. The PCF
   reimburses eligible parties for the costs of investigating
   and remediating accidental releases from above-ground
   and underground storage tanks.
Legislative or program site eligibility requirements:
•  See discussion on  BRELLA above.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields  programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  See financial incentives, above.
Tax incentives (abatements, credits, etc.):
•  Tax incentives for rehabilitation  of existing properties in
   designated "downtown" areas; not specific to brownfields,
   but contaminated properties are eligible.
•  Participants in BRELLA are exempted from the state's
   hazardous waste transport tax for hazardous waste that is
   being removed from the brownfield site in connection with
   the cleanup.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
•  The Vermont Community  Development Program, using
   Housing and  Urban Development (HUD) grant funds,
   accepts applications for assistance with brownfields
   investigations and cleanups as  part of a qualified
   community development project. Applications are only
   accepted from municipal entities who may then sub-grant
   funds to nonprofits or loan funds to for-profit entities.
•  The BRF will  provide grants to assist with the purchase
   of environmental insurance in connection with
   implementation of a state approved work plan.
Program Elements

Technical Elements
Cleanup standards are determined on a case-by-
case basis. The state uses water quality criteria
(based on the state ground water statute), Maximum
Contamination Level/Maximum Contamination Level
Goal (MCLs/MCLGs), and EPA guidelines (e.g.,
soil cleanup standards) in conjunction with risk
assessments. The state uses a risk level of 10-6 for
excess cancer cases and a Hazard Index of 1 for non-
carcinogens. The state considers assumptions about
future land use in establishing cleanup standards.
Zoning restrictions are used to support land use
assumptions, and the state utilizes deed restrictions.
Methods/standards/controls:  No formal Risk-
Based Corrective Action (RBCA) or comparable/
informal process in place. State  uses EPA Preliminary
Remediation Goals (PRGs) as screening values, and
allows for site-specific or risk-based evaluations  of
alternative standards. DEC is developing a procedure
for determining site-specific remediation standards
that consider the future land use, appropriate use
of institutional controls, environmental media,
requirements for source removal, treatment or
containment, and other related issues.
Contaminants covered/excluded: Asbestos, lead
paint, and polychlorinated biphenyls (PCBs) are
covered, as is petroleum.
Use of long-term stewardship and institutional
controls (1C): Specifically provided for in the statute.
   •   1C Tracking, Oversight, and Monitoring:  DEC
      is in the process of implementing a system
      for monitoring landowner compliance with
      institutional controls.
The following Web address is a direct  link to the  state's
public database that maintains an inventory of sites,
maps sites, and/or tracks institutional controls. This
link also provides additional information regarding
contaminated sites in the state.
http://www.anr.state. vt. us/dec/wastediv/sms/RCPP/
pubs/Brownfield  Sites List.pdf

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Cost to enter program or fees for service: All
applicants to BRELLA must pay a non-refundable
application fee of $500. Upon enrollment in BRELLA,
parties who are current innocent owners must
deposit $5,000 to be used  for DEC project review and
administration fees and costs. These administration
fees are waived for parties that enroll in BRELLA prior
to purchasing the brownfield site.
An Update from the States
                                                    23

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Vermont
Funding source for administrative costs and staff:  DEC,
Waste Management Division, Hazardous Materials Program
has 14 full-time equivalent (FTE) staff members. That section
handles all hazardous waste work including Comprehensive
Environmental Response Compensation and Liability Act
(CERCLA), RCRA, pre-remedial, and state list work. Four
attorneys in the Attorney General's office, two attorneys in
DEC's Enforcement Division, and one program attorney work
on hazardous waste cases, for a total of about three FTE
positions. Staff and administrative costs come from federal
grants (75%), the state general fund (23%), and state cleanup
funds (2%).

Cleanup Activities
Sites currently in VCP: As of June 25, 2009, there were 16
active projects enrolled in BRELLA.
Sites completed under VCP:
•  As of June 25, 2009, ten  projects had received Certificates
   of Completion through BRELLA and four projects withdrew
   or had been removed from BRELLA.
•  In addition, cleanup activities have been completed
   outside of BRELLA at approximately 130 non-petroleum
   sites since the start of the state  program.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  DEC meets with town officials and holds
public meetings. The state brownfields law requires public
notice of a proposed corrective action plan and a minimum
15-day public comment period.
Public participation activities (hearing, meetings, etc.):
No information available

Statutory Authorities
•  The Water Pollution Control Law, Vt. Stat. Ann., Title 10,
   §§1282-1283, establishes the Environmental Contingency
   Fund for emergency responses, studies and design, and
   remedial actions.
•  The Waste Management  Act, Vt. Stat. Ann., Title 10,
   §§6601-6618 (1977, as amended 1981, 1985, 1987,
   1995 and  1996), establishes the state's hazardous
   waste program and authorizes DEC to take removal and
   remedial actions to clean up sites contaminated by the
   release of hazardous materials.  The law provides for strict,
   joint,  and several liability for responsible parties, and for
   cost recovery. The law was amended in 1995 to establish
   a brownfields cleanup program (Vt. Stat. Ann, Title 10,
   §6615a).
The Brownfields Reuse and Environmental Liability
Limitation Act, VT. Stat. Ann., Title 10, §§6641 - 6656
(2007), establishes a program to allow brownfields
developers to obtain a release from state liability, and
achieve other benefits, in exchange for implementing a
state approved cleanup at a brownfield property.
An Act Relating to Administrative Enforcement of Specified
Environmental Laws (Act 98), Vt. Stat. Ann., Title 10,
§§8001-8221  (1989), provides additional enforcement
authorities.
24
     State Brownfields and Voluntary Response Programs:

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New Jersey
 (genera fOnformation
   Contact: Colleen Kokas
  Address: New Jersey Department of Environmental
           Protection (NJDEP)

           Office of Brownfield Reuse
           401 East State Street, 6th Floor
           P.O. Box 028
           Trenton, NJ 08625-0028

    Phone: 6092921251

       Fax: 6097771914
     Email: Colleen.Kokas@dep.state.nj.us

  Web site: http://www.state.ni.us/dep/srp/brownfields/
Program Description
(VCP, brownfields, or related)
Brownfields definition: New Jersey defines a brownfield
as any former or current commercial or industrial site that is
currently vacant or underutilized and on which there has been, or
there is suspected to have been, a discharge of a contaminant.
Program titles: The Site Remediation Reform Act ("SRRA"),
signed into law in May 2009, provides sweeping changes to the
way in which sites are remediated in New Jersey. In addition
to amending statutes outlined below, the SRRA establishes
a program for the licensing of Licensed Site Remediation
Professionals ("LSRP") who will have responsibility for
oversight of environmental investigation and cleanup. While
the law changes the process of how sites are remediated, it
ensures the same stringent standards required for cleanup
remain  intact. The NJDEP will retain significant authority over
the remediation process and will ensure that LSRPs comply
with all applicable regulations, but the day-to-day management
of site remediation will be overseen by qualified LSRPs.
Under the SRRA, NJDEP approval is no longer required
prior to proceeding with remediation. Implementation of
the SRRA will, therefore, result in contaminated sites being
remediated more quickly, thus providing a greater measure
of environmental protection to the citizens of New Jersey
and ensuring that development of underutilized properties
returnes them to the tax rolls more  quickly.
Some of the highlights of the law are:
•  The  establishment of an LSRP Program and an LSRP
   Board that issues licenses to qualified individuals to
   conduct the remediation of sites in New Jersey. LSRPs are
   bound by a strict code of ethics, violation of which could
   result in the assessment of penalties as well as suspension
   or revocation of their licenses. When the SRRA becomes
   fully effective in 2012, all remediating  parties must employ
   the services of an LSRP and must proceed with the
   remediation of their site without  prior NJDEP approval.
•  An affirmative obligation now exists for persons to remediate
   any discharge for which they would be liable pursuant
   to the Spill Compensation and Control Act. As such,
   the Voluntary Cleanup Program, which utilized
   Memoranda of Agreement (MOAs), no longer exists.
•  The NJDEP is required to establish mandatory
   remediation timeframes for the completion of key
   phases of site remediation.
•  The NJDEP is required to maintain Direct
   Department Oversight in cases in which the
   remediating party is recalcitrant in conducting timely
   cleanups and for those sites that pose the greatest
   risk to human health and the environment.
•  The NJDEP is authorized to establish presumptive
   remedies for residential development, schools,  and
   childcare facilities.
The following statutes govern the remediation of cases
in the Site Remediation Program:
•  Site Remediation Reform Act ("SRRA)
•  Brownfields and Contaminated Site Remediation Act
   ("Brownfield Act")
•  Spill Compensation and Control Act ("Spill Act")
•  Industrial Site Recovery Act ("ISRA")
•  Underground Storage Tank Act ("UST")
•  Solid Waste Management Act
Liability relief provisions: With the enactment of
the Site Remediation Reform Act (N.J.S.A. 58:1 OC),
and related amendments to the Brownfield and
Contaminated Sites Act (N.J.S.A. 58:1 OB), the
determination that a remediation of a contaminated
site is protective of public health, safety, and the
environment, will rest initially, in most circumstances,
with an LSRP. An LSRP shall make that determination
based on the remediation conducted, supervised and/
or reviewed, and ultimately accepted by the LSRP
using their independent professional experience. An
LSRP is authorized to memorialize the completion of
remediation by issuing a response action outcome
(RAO) to the person responsible for conducting the
remediation, which renders their opinion that the site
has been remediated in accordance with all applicable
statutes, regulations, and guidance.
Some of the highlights of the law are:
•  The response action outcome represents the
   licensed site remediation professional's opinion that:
   •  There are no discharged  hazardous substances
     or hazardous wastes present at a site or area of
     concern; or
   •  There are discharged hazardous substances or
     hazardous wastes, present at the site, area of
     concern and/or migrating from the site that have
     been remediated in accordance with all applicable
     statutes, regulations, and guidance; and
   •  The remedial action undertaken is protective of
     public health, safety and the environment.
•  Brownfield developers that meet the innocent
   purchaser defense requirements under the Spill Act
   are exempt from Natural Resources Damages (NRD)
   and claims for damages or compensatory restoration.
An Update from the States
                                                    25

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New  Jersey
Financial incentives (grants, loans, tax provisions, etc.):
•  Hazardous Discharge Site Remediation Fund
•  Environmental Infrastructure Trust
•  Brownfield Reimbursement Fund
•  Brownfield Redevelopment Loans
Legislative or program site eligibility requirements: The
SRRA requires the NJDEP to phase in implementation of
the use of LSRPs by remediating parties. All parties initiating
remediation after November 3, 2009 or who opt into the LSRP
Program will be required to follow the  provisions of the SRRA
which are codified at N.J.S.A. 58:1 OB-1.3b 1 -9, including the
requirement to hire an LSRP to conduct the remediation, and
the requirement to remediate the site without prior NJDEP
approval. Parties who initiated remediation prior to November
3, 2009 will not be required to hire an  LSRP to conduct
the remediation. Remediation of those sites will follow the
remediation process with traditional NJDEP oversight and
approvals until May 7, 2012,  at which time parties remediating
sites will be required to follow N.J.S.A. 58:1 OB-1.3b 1 -9.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Hazardous Discharge Site Remediation Fund (HDSRF) -
   Administered jointly by the NJDEP and the NJ Economic
   Development Authority, provides grants and low-interest
   loans to municipalities,  nonprofits, and private parties.
Municipal awards are capped at $3 million annually (with
an additional $2 million for sites  in designed Brownfield
Development Areas (BDAs).
   •  100% grants for investigation
   •  75% grants for remedial action (for conservation/
      recreation end use)
   •  50% grants for remedial action (for affordable housing
      end use)
   •  25% grants for remedial action for unrestricted use
      remedy or use of innovative remedial technology
Nonprofit awards under a pilot program (total program funding
of $5 million).
   •  100% grants for investigation
Private entities awards are capped at  $1 million. A nonprofit
can also apply as a private entity.
   •  25% grants for remedial action for unrestricted use
      remedy or innovative technology remedy
   •  50% grants for remedial action when meeting the
      specific definition of  "qualifying innocent purchaser" in
      the funding statute
   •  Low interest loans for investigation and remedial action
•  NJ Environmental Infrastructure Trust—provides low-
   interest loans to government  agencies for brownfields
   activities that are linked to improving water quality.
Tax incentives (abatements, credits, etc.):
•  Brownfield Reimbursement Program administered by the
   NJ Division of Taxation and the NJ Commerce Commission.
   Reimburses for up to 75% of remediation costs based on
   specific new taxes that are generated from a redevelopment
   project. Most significant taxes eligible for reimbursement include,
   the Sales and Use Tax (on retail establishments), the sales
   tax paid on remediation activities and on construction materials,
   and the Corporate Business Tax generated at the site.
•  Environmental Opportunity Zones, designated by municipal
   ordinance, allow for an incremental tax abatements on real
   property (to offset cleanup costs) for up to 15 years.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
•  NJDEP's BDA program works with selected  communities
   impacted by multiple  brownfield sites to implement
   remediation and reuse plans in a coordinated fashion. Under
   this designation, all brownfield sites within a BDA will be
   assigned to a single case manager, who will coordinate with
   partnering state agencies to direct targeted technical and
   financial assistance to stimulate reuse. The plans will be
   developed under the  direction of a local steering committee
   with support from NJDEP advisors.

Program Elements

Technical Elements
Methods/standards/controls:
•  State allows three cleanup  levels: 1) unrestricted use
   remedial actions; 2) limited restricted use remedial actions
   (institutional controls  only); and 3) restricted use remedial
   actions (engineering  and institutional controls). Natural
   attenuation is allowed in some circumstances when
   combined with a Classification Exception Area (CEA)
   institutional control. Contamination source must be removed.
•  The state has statutory cleanup provisions with risk based
   goals, and also uses  water quality criteria, Maximum
   Contamination Level  (MCLs) and Maximum  Contaminant
   Level Goal (MCLGs), background levels, risk assessment.
   State has promulgated soil cleanup standards. The risk
   level set by the statute is 10-6 for carcinogens, and a
   Hazard Index of 1 or  less for non-carcinogens. For soil
   cleanup, the state may use the standards or determine
   case-specific levels by risk assessment. If the standards
   are determined to be below background levels, then the
   cleanup  level is background. For sites where cleanup is
   based on restricted land uses, site specific deed notices
   must  be recorded. The same standards are used for all
   cleanups, including brownfield sites.
•  Unregulated Heating  Oil Tank (UHOT) Program - NJDEP
   pre-qualifyies environmental professionals holding a valid
   New Jersey Underground Storage Tank (UST) Certification
   in Subsurface  Evaluation and employed by a firm holding
   the same certification to investigate and remediate
   Unregulated Heating Oil Tanks with limited NJDEP oversight.
Contaminants covered/excluded: All hazardous
substances on adopted  list pursuant to Section 4 of PL. 1983,
c. 315 (NJSA 34:5A-4), including petroleum. In  addition,
26
       State Brownfields and Voluntary Response Programs:

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New  Jersey
the list of hazardous substance and toxics adopted by EPA
respectively, pursuant to Section 311 and 307 of the Water
Pollution Control Act; and the list of hazardous substances
opted by EPA pursuant to Section  101 of CERCLA. Sewage
and sewage sludge are not included in the definition of
hazardous substances pursuant to the Spill Act.
Use of long-term stewardship and institutional controls
(1C): Institutional and engineering controls for soils and
ground water are acceptable remedies when they meet
the risk-based requirements of the regulations. The SRRA
required NJDEP to develop a permitting system to track the
obligations for maintaining institution  and engineering controls.
Part of this permitting system includes the submission of a
biennial certification to report on the  status of the controls'
effectiveness; state inspection is required every five years.
   •   1C Tracking: The NJDEP has an oversight program
      that tracks those cases that  have used engineering
      and institutional controls to ensure that inspection and
      reporting obligations meeting the biennial certifications
      are submitted. A report of those cases that have  not
      submitted a biennial certification is available at http://
      www.nj.gov/dep/opra/online.html in the NJDEP's  Data
      Miner Database.
   •   1C Oversight and Monitoring: The NJDEP reviews all
      biennial certifications to ensure that the remedy is still
      protective. Any integrity issues with a remedy must be
      addressed by the party responsible for maintaining the
      control. In addition, any person that fails to submit a
      biennial certification may be subject to penalties.
The following Web address is a direct link to the state's  public
database that maintains an inventory of sites, maps sites, and/
or tracks institutional controls. This link also provides additional
information regarding contaminated sites in the state.
http://www.nj.gov/dep/srp/kcsnj/

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: Oversight fees
charged are based on: 1) fixed fees for certain activities and
programs; or 2) calculated fees based on hourly rate. Billing
based on staff time spent includes the staffs' direct salary and
overhead, excluding  its indirect costs for homeowners and
developers.
Funding source for administrative costs and staff:  The
SRP in NJDEP has approximately 500 staff. The Attorney
General's Office (Department of Law and Public Safety,
Division of Law, Hazardous Site Litigation Section) provides
attorneys for legal support of the program. Funding for staff
and administration comes from the Spill  Compensation Fund,
Corporate Business Tax, and Bond funds, direct billing, and
federal grants.

Cleanup Activities
Active Sites: Approximately 18,000 known contaminated
sites are currently under NJDEP oversight.
Sites completed: Between July 1, 2008 and June 30,  2009,
NJDEP issued 5,521 No Further Action (NFA) determinations
indicating that remediation was complete.
Benefits (covenants not to sue, etc.):
•  LSRP-issued RAOs are accompanied by a Covenant
   Not to Sue, by statute.
•  Certain liability protections require prospective
   purchaser activities.

Public Participation
Public participation requirements (notice, comment
periods, etc.): The NJDEP's Public Notification
regulations became final in September 2008, which
required existing cases to come into compliance by
September 2009. The focus of the regulation is to
improve public access to site remediation information
and increase public awareness of ongoing remediation
projects.
Public participation activities (hearing, meetings,
etc.): As required and as requested. The NJDEP holds
quarterly brownfields roundtables with interested
parties and a quarterly advisory committee meeting
to update interested parties on regulatory and policy
issues. In addition, NJDEP's Office of Community
Relations conducts workshops to educate citizens
about the site remediation process.

Statutory Authorities
Site Remedation  Reform Act, NJSA§58:10C-1
provides  sweeping changes to the way in which sites
are remediated and establishes a program for the
LSRPs who will have responsibility for oversight of
environmental investigation and cleanup.
•  Brownfields and Contaminated Site Remediation
   Act, NJSA §58:1 OB, provides the basis for the
   remediation of contaminated sites and a brownfields
   program;  it also amended site remediation standards
   to reflect land use restrictions.
•  Spill Compensation and Control Act, NJSA §58:10-
   23-11 separately et seq., (enacted 1976, and
   amended  almost annually thereafter), establishes
   a fund for cleanups and provides  authority for
   emergency response, removals, remedial actions,
   enforcement, cost recovery, victim compensation,
   natural resources damages, and voluntary cleanup.
•  Industrial  Site/Recovery Act (ISRA) (1993), NJSA
   §13:1 K-6 et seq., requires transferors of industrial
   facilities to clean up contamination.
•  Environmental Rights Act, NJSA §2A:35A
   establishes a basis for filing citizen suits.
•  Water Pollution Control Act (WPCA), NJSA §10A-1
   et seq., provides the  basis for the remediation of
   contaminated sites which impact the waters of the state.
•  Underground Storage Tank Act, NJSA §58:1 OA-21 -
   37., establishes criteria for installing and maintaining
   regulated  underground storage tanks.
•  Solid Waste Management Act, NJSA §13:1 E et
   seq.,  establishes criteria for operating transfer and
   recycling facilities and permitting and closing landfills.
An Update from the States
                                                     27

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New York
 GfenerafOnformation
   Contact: Division of Environmental Remediation

  Address: NY State Department of Environmental
           Conservation (DEC)
           625 Broadway, 12th Floor
           Albany, NY 12233-7011

    Phone: 5184029711

       Fax: 5184029722

     Email: derweb@gw.dec.state.ny.us
  Web site: http://www.dec.ny.gov/chemical/brownfields.html
Program Description
(VCP, brownfields, or related)
Brownfields definition: The only explicit definition of a
brownfield in New York State's cleanup programs is found in
the Brownfield Cleanup Program (BCP).The BCP defines
a brownfield site as any real property, the redevelopment
or reuse of which may be complicated by the presence or
potential presence of a contaminant (the remainder of the
brownfield programs address similar sites but do not refer to
the sites as brownfields).
Program titles:
•  Brownfield Cleanup Program (BCP) (2003)—Cleanup
   program, successor to Voluntary Cleanup Program.
•  Voluntary Cleanup  Program (VCP) (1994)—Cleanup
   program. As of October 1, 2003, no new VCP applications
   are being accepted. Projects currently in the VCP may
   remain in the program until completion.
•  Environmental Restoration Program (ERP) (1996)—
   Cleanup program.
•  Brownfield Opportunity Areas Program (BOA) (2003)—
   Planning program.
Liability relief provisions:
•  BCP—Following the completion of the project, the DEC
   issues a Certificate of Completion (COG), which entitles
   the recipient to an environmental liability limitation (subject
   to reopeners) that would be binding on the state for
   any liability including future liability or claim for further
   remediation of hazardous waste and/or petroleum at or
   emanating from the site that was subject to the agreement.
   The liability limitation extends to successors and assigns
   except a responsible party, unless that person was party
   to the Brownfields Cleanup Agreement. The BCP also
   provides appropriate liability relief to innocent landowners,
   municipalities, and fiduciaries.
•  Projects completed in the VCP are assigned a release
   and Covenant Not to Sue (CNTS), which is transferable
   to future non-potentially responsible party (PRP) owners.
   Non-PRP volunteers also receive a release that covers
   natural resource damages. The DEC's release binds itself,
   and does not bind private parties harmed, does not bind
   the state attorney general or the state comptroller, and
   does not bind EPA.
•  ERP gives liability release and indemnification to
   municipalities and non-PRP successors, including future
   owners, lenders, or lessees for hazardous substances that
   were on the property prior to the ERP grant.
•  BOA—None
Financial incentives (grants, loans, tax provisions, etc.):
•  Tax Credits (BCP)
•  Technical Assistance Grants (TAGs) up to $50,000 per site
   are available at significant threat sites under the BCP or at
   Class 2 sites under Superfund.
•  Clean Water/Clean Air Bond Act (ERP) (grants of 90% for
   eligible on-site costs to 100% for eligible off-site costs)
•  Clean Water State Revolving  Fund
•  Empire Zones, Environmental Zones
•  Planning Grants of 90%  (BOA)
Legislative or program site eligibility requirements:
•  BCP—All sites are eligible to  participate, except: federal
   National Priorities List  (NPL) sites; Class 1 or Class 2 sites
   on the New York State Registry of Inactive Hazardous
   Waste Disposal Sites (NYS Registry sites); permitted
   Resource Conservation Recovery Act (RCRA) sites
   (note: interim status sites are eligible); sites subject to an
   enforcement action; sites subject to a cleanup order under
   Article 12 of the Navigation Law; and sites subject to any
   other federal or state environmental  enforcement action.
   Also, under the BCP, the above eligible parties are able
   to participate unless: they are subject to a pending action
   or proceeding relating to the proposed site in any court or
   administrative agency in  any jurisdiction wherein the state
   or federal government seeks the investigation, removal, or
   remediation of contamination or penalties; they are subject
   to an order providing for the investigation, removal, or
   remediation of contamination relating to the proposed site;
   or they are subject to an  outstanding claim for cleanup
   and removal costs under Article 12 of the Navigation Law
   ("Oil Spill Prevention, Control, and Compensation"). The
   DEC may also reject a request for participation if the DEC
   determines that the public's interest  would not be served.
   (See the NYSDEC's Web site at: http://www.dec.ny.gov/
   chemical/8450.html for additional eligibility criteria.)
•  VCP—Site owners, prospective purchasers, municipalities,
   and (under some circumstances) operators may
   participate. Participation  by Class 2 sites and NPL sites
   is not allowed. Note: As of October 1, 2003, no new VCP
   applications are being  accepted.
•  ERP—New York State  municipalities are eligible. The
   term municipality includes counties,  cities, towns, and
   villages as well as local public authorities, public benefit
   corporations, school and supervisory districts, and
28
       State Brownfields and Voluntary Response Programs:

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New  York
   improvement districts. Additionally, the term municipality
   includes community based organizations which partner
   with a municipality. The municipality must own the property
   and cannot be responsible for the contamination. The
   property cannot be listed as a Class 1 or 2 NYS Registry
   sites.
•  BOA—Applicants that are eligible to apply for a grant
   include, New York State municipalities and community
   based organizations or municipalities and community
   based organizations acting in cooperation. A community
   based organization is  a nonprofit corporation,
   incorporated under Section 501 (c)(3) of the Internal
   Revenue Code whose stated mission is to promote
   community revitalization within the geographic area in
   which the community based organization is  located;
   has 25% or more of its board of directors residing in the
   community in such area; and represents a community
   with a demonstrated financial need as indicated by high
   unemployment, low resident incomes, depressed property
   values, and high commercial vacancy rates.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  The state Superfund/Brownfield Law authorizes up to
   $135,000,000 annually, broken down as follows:
   •  $120,000,000 for investigation and remediation  of
     inactive hazardous waste disposal sites and hazardous
     substance sites, and investigation and remediation of
     off-site contamination for volunteer sites under the BCR
     These funds are provided by the sale of bonds.  Debt
     service on the loans is funded 50% by industry  fees
     and 50% by the state's general fund.
   •  $15,000,000 for TAGs (which are associated with the
     state  Superfund/Brownfield Cleanup Programs), BOA
     grants, state implementation of the BCP and VCP,
     and non-bondable costs associated with  the state
     Superfund program. This funding would be provided
     through the state's  general  fund.
   •  In addition, approximately $33,000,000 will continue to
     be appropriated to  fund the state's Oil Spill Program.
•  Clean Water/Clean Air Bond Act—As part of the $1.75
   billion 1996 Clean Water/Clean Air Bond Act, a fund of
   $200 million was created for the ERR Under the ERR the
   state provides grants to municipalities for reimbursement
   of up to 90% of eligible costs for onsite investigation and
   remediation activities,  and 100% for off-site  remediation
   if required  by the DEC. The property may then be used
   for commercial, industrial, residential, or public use,
   depending on the level of cleanup. All of the $200  million
   authorized under the 1996 Clean Water/Clean Air Bond
   Act for the ERP was committed as of March 31, 2009.
   Application approvals  are on hold. Additional dedicated
   funding is required if the ERP is to continue to assist
   municipalities with their revitalization efforts.
•  Clean Water State Revolving Fund offers interest-
   free short-term loans, and low-interest long-term
   loans for water-related projects.
Tax incentives (abatements, credits, etc.):
•  The state's environmental conservation law, tax
   law, and insurance law provide  for a suite of tax
   credits available to parties cleaning up sites under
   the BCP. These credits offset costs associated with
   real property taxes, site preparation, ground water
   remediation, property improvements, and insurance
   premiums relating to environmental remediation
   insurance. The applicant must receive a COG from
   the DEC stating that remediation requirements have
   been or will  be achieved for the brownfield site in
   question in order to be eligible for the tax credits.
   In addition, Environmental Zones (En-Zones)
   provide enhanced tax credits under the BCP for
   parties who remediate and redevelop brownfield
   sites in designated areas. En-Zones are areas
   identified by the Commissioner  of Economic
   Development as having a poverty rate at least 20%
   and an unemployment rate at least one-and-a-
   quarter times the  statewide average or a poverty
   rate of at least double the county poverty rate.
•  The tax credits  involved with the BCP include those
   for site preparation and onsite ground water costs
   cover remediation, demolition, excavation, fencing,
   security,  and other capital account costs to make
   the site usable for redevelopment, excluding site
   acquisition costs.  Eligible costs  may be claimed
   for up to five years after the issuance of the COG.
   Projects  accepted into the BCP after June 23, 2008
   may qualify for credits ranging from 22-50% whereas
   projects accepted prior to June  23, 2008 may qualify
   for credits ranging from 10-22%.
•  Tangible  Property  Credit Component ("Redevelopment
   Credit"): For sites accepted into the BCP after June 23,
   2008, new state legislation enacted in 2008 increases
   the tangible property credits by 2% for sites in a
   designated Brownfield Opportunity Area (BOA) where
   redevelopment  conforms with the goals and priorities
   of the BOA. The tangible property credit component
   is capped as described below. This component
   covers costs of buildings and improvements
   (including structural components of buildings) that
   are placed into service within 10 years after the COG
   is issued. Projects accepted into the BCP after June
   23, 2008 may qualify for credits ranging from 10-24
   %, whereas projects accepted prior to June 23, 2008
   may qualify for credits ranging from 10-22%.
•  Tangible Property Credit Cap: The law now limits
   redevelopment credits for sites accepted into the
   BCP after June 23, 2008 to provide balance between
   credits available for remediation and redevelopment.
An Update from the States
                                                     29

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New  York
   The applicable tangible property tax cap is based on
   allowable land uses as outlined in the COC and calculated
   as follows:
   •  Non-manufacturing projects: $35 million or three times
     (3x) the site preparation and onsite ground water
     remediation costs, whichever is less.
   •  Manufacturing projects: $45 million or six times (6x) the
     site preparation and onsite ground water remediation
     costs, whichever is less.
Tangible Property Credit Cap: The law now limits
redevelopment credits for sites accepted into the BCP after
June 23, 2008 to provide balance between credits available
for remediation and redevelopment. The applicable tangible
property tax cap is based on allowable land uses as outlined
in the COC and calculated as follows:
•  Non-manufacturing projects: $35  million or three times (3x)
   the site preparation and onsite ground water remediation
   costs, whichever is less.
•  Manufacturing projects: $45 million or six times (6x) the
   site  preparation and onsite ground water remediation
   costs, whichever is less.
The Remediated Brownfield Credit for Real Property Taxes
provides the following tax credit for qualified sites:
   •  25% (or if in an En-Zone, then 100%)
   •  Multiplied by employment factor
   •  Multiplied by real property taxes
   •  Subject to a limitation of: $10,000 multiplied  by the
     number of full time employees
   •  Employment Number Factor is determined as follows:
   •  At least 25 but less than  50 = .25
   •  At least 50 but less than  75 = .50
   •  At least 75 but less than  100 = .75
   •  At least 100 or more = 1.0
If the site is located in whole or in part in an Empire Zone, the
taxpayer must make an irrevocable election between the two
real property tax credits available. Thus, the taxpayer needs
to select between Remediated Brownfields Credit  or the
QEZE Real Property Tax Credit in the first year the taxpayer
qualifies for both the Remediated Brownfields Credit for Real
Property Taxes and the QEZE  Real Property Tax Credit.
•  The Environmental Remediation Insurance Credit (NYS
   Insurance Law—Section 3447) provides credits for certain
   types of insurance coverages  including those with:
   • On-site cleanup of pre-existing pollution conditions
     coverage.
   •Third party claims coverage (bodily injury, property
     damage).
   • Cost-cap coverage.
   • Re-opener coverage.
   • The credit is equal to the lesser of: $30,000 or 50% of the
     cost of the policy. There is a one time refundable credit
     for each policy.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  The BOA
Program is a local planning tool. BOAs provide technical and
financial assistance to municipalities and community-based
organizations to conduct redevelopment planning and for
areas containing brownfields as well as site assessments
for strategic sites. Funding is available to cover 90% of the
costs to complete BOA pre-nomination studies, nomination
documents, implementation strategies, and site assessments.
Projects in the  BOA Program may receive a priority and
preference when considered for financial assistance pursuant
to any other state, federal, or local law. The BOA  Program  is
administered by the DEC in partnership with the Department
of State (DOS).

Program Elements

Technical Elements
Methods/standards/controls:
•  BCP—Cleanups under the BCP must be protective of
   pubic health and the  environment based on remedy
   selection criteria including the current, future, and
   reasonably anticipated land use of the site. New York State
   law prescribes a multi-track approach for the remediation
   of contamination: Track 1 (unrestricted use); Track 2
   (restricted use with generic soil cleanup  objectives); Track
   3 (restricted use with generic soil cleanup objectives);
   and Track 4 (restricted use with site-specific soil cleanup
   objectives). A responsible party (RP) must also conduct
   any necessary off-site remediation.
•  ERP—Remedies are protective of public health and the
   environment. The remedial program for soils at a site must
   utilize soil cleanup objectives that are protective of public
   health and the environment. An alternative analysis is
   used to determine final soil cleanup levels. Environmental
   easements are used  to control future land use where
   cleanup is not to unrestricted standards.
•  VCP—Cleanups under the VCP must be protective of
   public health and the environment based on remedy
   selection criteria that includes the site's contemplated use.
   Contemplated use includes unrestricted and restricted
   forms of residential, commercial, and industrial uses.
Contaminants covered/excluded:
•  BCP—hazardous waste (including hazardous substances)
   and petroleum are covered.
•  ERP—hazardous waste (including hazardous substances)
   and petroleum are covered; no lead paint inside buildings;
   50% of the eligible costs for asbestos/demolition.
•  VCP—hazardous wastes, hazardous substances, and
   petroleum are covered.
30
       State Brownfields and Voluntary Response Programs:

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New York
Use of long-term stewardship and institutional controls
(1C):
•  Institutional controls and/or engineering controls are
   allowed in the BCR ERR and VCP programs if they
   are protective of public health and the environment. In
   addition, environmental easements may be required for
   the protection of public health and the environment and to
   achieve the requirements for remediation established at
   contaminated sites.
•  Institutional controls/engineering controls are beneficial
   because they may be less expensive, allow for expedited
   cleanups, and allow property to be reused that is not
   cleaned up to unrestricted use levels.
   • 1C Tracking: Yes, the DEC tracks all institutional and
     engineering controls.
   • 1C Oversight: Yes, the DEC reviews all proposed
     institutional and engineering controls.
   • 1C Monitoring: Yes,  the DEC monitors institutional and
     engineering controls.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.dec.ny.gov/chemical/8437.html

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  No
Costs to enter program or fees for service:  In the BCP
and VCR state oversight costs must be reimbursed  by the
party cleaning up the site. Responsible parties  must also pay
past costs.
Funding source for administrative costs and staff:
•  Administrative and staff costs are provided by the state's
   general fund  and from the sale of bonds.

Cleanup Activities
Sites currently  in State Brownfields Programs:
•  BCP—As of March 31, 2009, the DEC approved 294
   applications for participation in the program.
•  ERP—As of March 31, 2009, the DEC approved 284
   applications for participation in the program.
•  VCP—As of March 31, 2009, the DEC approved 754
   applications for participation in the program. (Note: the
   DEC stopped accepting applications for the VCP in 2003.)
Sites completed under State Brownfields Programs:
•  BCP—As of March 31, 2009, 51 sites completed remedial
   actions since the program's inception.
•  ERP—As of March 31, 2009, 25 sites have remedial
   actions completed.
•  VCP—As of March 31, 2009, 171 sites have remedial
   actions completed.
Benefits (incentives to participate, covenants not
   to sue, etc.): New York's brownfields programs are
   designed to promote environmental restoration and
   preservation, public  health  protection, economic
   development, job creation,  and community
   revitalization throughout the state. Incentives to
   increase participation in the state's programs include
   technical and financial assistance,  liability releases,
   and tax credits.

Public Participation
Public participation requirements (notice, comment
periods, etc.):
•  The BCP law sets forth citizen participation
   requirements at several milestones during a BCP
   project. These requirements may include: developing
   a citizen participation plan; public notices; fact
   sheets; public comment periods; and may include
   public meetings.
•  The ERP law and regulations set forth citizen
   participation requirements. Among other
   requirements, the municipality must develop a citizen
   participation plan that serves as  a tool to manage
   the project's citizen participation  program.
•  The VCP incorporates public notice and comment
   at various project's milestones as a matter of policy
   rather than legal requirement.
Public participation activities (hearing, meetings,
etc.):
•  The Department conducts  meetings and hearings as
   required by law or as needed to inform and educate
   the public on remediation activities. Updated
   information  on Public Participation  activities is
   regularly provided on DEC's Web site.

Statutory Authorities
•  The Environmental Conservation Law, Articles
   17, 19, 27, 71, provides general, comprehensive
   enforcement and cleanup authority. It includes
   authority under which the state established
   a voluntary cleanup  program. Part of the
   Environmental Conservation Law, Article 56, Title 5
   (1997), establishes the Environmental Restoration
   Program.
•  The General Municipal Law, Article 18-C, Section
   970-r, establishes the Brownfield Areas Opportunity
   Program.
•  The Tax Law, Articles 1 and 8, establish the various
   brownfield remediation and redevelopment tax and
   insurance credits.
An Update from the States
                                                    31

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Puerto Rico
 GfenerafOnformation
   Contact: Puerto Rico Environmental Quality Board
           (PREQB)
           CORE and Superfund Program
           Enid Y. Villegas-Henriquez

  Address: P.O. Box 11488
           San Juan, Puerto Rico 00910

    Phone: 787 767 8181 Ext. 3207, 3209
      Fax: 7877660150

  Web site: http://www.ica.gobierno.pr
Program Description
(VCP, brownfields, or related)
In 2000, Puerto Rico began the development of the
Property Redevelopment and Voluntary Cleanup  Program
(PRVCP) under a state assistant grant from EPA. Incentives
for participation in the program include liability relief for
prospective purchasers and lenders, cleanup certification,
Memorandum of Understanding between PREQB and EPA,
and agreements between interested parties.
Brownfields definition:  No information available
Program titles:  Property Redevelopment and Voluntary
Cleanup Program
Liability relief provisions: The program offers liability
relief for prospective purchasers and lenders through letters,
certificates, and/or agreements.
Financial incentives (grants, loans, tax provisions,
etc.): The  PRVCP contemplates tax exemptions  as a
possible financial incentive, but no final determination has
been made.
Legislative or program site eligibility requirements:  The
site eligibility requirements will be included in the program's
rules and regulations.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements,  dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): No information available
Tax incentives (abatements, credits, etc.): PREQB is
evaluating tax incentives to be used in the PRVCP.
Other forms of support (environmental  insurance,
brownfields  redevelopment authorities, etc.):  PREQB has
the authority to issue cleanup letters and completion letters.
Program Elements

Technical Elements
Methods/standards/controls: PREQB is developing the
procedures, cleanup standards, and methods to be used in
the PRVCP. The PREQB Superfund Core Program will start
the Technical Guidelines during fiscal year 2010. PREQB
is approaching the contract that will provide professional
services to draft the Puerto Rico Property Redevelopment
and Voluntary Cleanup Program Technical Guidelines.
Contaminants covered/excluded: PREQB is developing
the list of chemicals of concern to be addressed under the
PRVCP.
Use of long-term stewardship and institutional controls
(1C):  No information available
   •  1C Tracking: No information available
   •  1C Oversight: No information available
   •  1C Monitoring: No information available

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: PREQB will
establish a reasonable cost to enter into the PRVCP.
Funding source for administrative costs and staff: The
funding source for the PRVCP will be a special account with
funds collected from the program.

Cleanup Activities
Sites currently in VCP: The PRVCP is under development.
Sites completed under VCP:  The PRVCP is under development.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):  The PRVCP is under development.

Public Participation
Public participation requirements (notice, comment
periods, etc.): The PRVCP requires notification to the public
on issues related to the cleanup standards, rules and regulations,
and cleanup activities related to the program.
Public participation activities (hearing, meetings, etc.):
PREQB  has conducted several public meetings to present
the PRVCP to communities, industries, government agencies,
and other stakeholders.

Statutory Authorities
The Environmental Emergencies Fund Act, Law 81, 12 LPR
Ann.  §§1271  et seq. (1987), establishes the Environmental
Emergencies Fund and authorizes the Environmental Quality
Board to respond to emergencies and recover response
costs from liable parties. The Act has no order or injunctive
authorities; Puerto Rico  relies on other authorities for these
purposes, including the Public Policy Environmental Act, Law
9, 12 LPR Ann., §§1121 et seq. (1970, as amended 1973,
1974, 1978, 1983, 1984, 1985, 1993, and 1997).
32
       State Brownfields and Voluntary Response Programs:

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Virgin  Islands
 (genera fOnformation
   Contact: Division of Environmental Protection of
           Planning & Natural Resources (DPNR)

  Address: Cyril E. King Airport, 2nd Floor
           St. Thomas, US Virgin Islands 00802

           45 Mars Hills, Frederiksted
           St. Croix, US Virgin Islands  00841

    Phone: 340 774 3320
           340 773 1082

      Fax: 340 714 9549
           340 692 9794

  Web site: htto://www.dDnr.aov.vi/deD/home.htm
Program Description
(VCP, brownfields, or related)
The DPNR is developing a Voluntary Cleanup Program
(VCP) under a cooperative agreement with EPA to spur
cleanup of brownfield sites in the Virgin Islands. The activities
funded under this agreement include: 1) forming a technical
committee to guide the development of the VCP; 2) hiring
consulting firms to assist DPNR in developing VCP strategies;
and 3) training personnel on relevant aspects of the VCP and
site inventory procedures.
Brownfield definition:  Brownfields means real property;
the expansion, redevelopment, or use  of which may be
complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
Program titles:  No information available
Liability relief provisions: 12 V.I.C. Chapter 14 §555
Financial incentives (grants, loans, tax provisions, etc.):
Title 29 V.I.C., Chapter  12. The Commission  may  provide
tax credits or benefits under this chapter for cleanup and
redevelopment activities by developers real property declared
and certified to the Commission as brownfield sites under 12
V.I.C., Chapter 14.
Legislative or program site eligibility requirements:  No
information available

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as  petroleum, dry cleaners,
abandoned drug labs,  etc.):  No information available
Tax incentives (abatements, credits, etc.):  No
information available
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available

Program Elements

Technical Elements
Methods/standards/controls: 12 V.I.C Chapter 14
§553(b) and (c)
Contaminants covered/excluded: 12 V.I.C Chapter
14§553(b)and (c)
Use of long-term stewardship and institutional
control: 12 V.I.C Chapter 14 §553(b) and (c)

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  No
Cost to enter  program or fees for service:
Registration fees to be collected from persons
conducting voluntary remediation to defray the
actual reasonable costs of the voluntary remediation
program expended at the site not to exceed the
lesser of $5,000 or one percent of the actual costs of
remediation; however, no registration fee is required
when the person conducting voluntary remediation is
an agency, department or authority of the Virgin Islands'
government.
Funding source for administrative costs and staff:
No information available

Cleanup Activities
Sites currently in VCP:  No information available
Sites completed under VCP:  No information available
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): No information available

Public Participation
Public participation requirements (notice, comment
periods, etc.): No information available
Public participation activities (hearing, meetings,
etc.):  Annual Brownfields Forum
httD://www.dDnr.gov.vi/deD/brownfields.htm
Statutory Authorities
12 V.I.C Chapter 14
An Update from the States
                                                  33

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Delaware
 GfenerafOnformation
   Contact: James Poling

  Address: Delaware Department of Natural Resources
           and Environmental Control (DNREC),
           Division of Air and Waste Management
           State Investigation & Restoration Branch
           391 Lukens Drive
           Newcastle, DE 19720-4801
    Phone: 302 395 2600

       Fax: 302 395 2601

     Email: James.poling@state.de.us
  Web site: http://www,dnrec,state,de,usdnrec2000
           Divisions/AWM/sirb/brownfield,asp
Program Description
(VCP, brownfields, or related)
Brownfield definition: Delaware defines brownfields as
"any vacant, abandoned or underutilized real property the
development or redevelopment of which is hindered by
the reasonably held belief that the real property may be
environmentally contaminated." 7 Del. C. §9102(3).
Program titles:
•  Brownfields Development Program (BDP) (2004) -The
   BDP codifies the prospective purchaser concept and
   provides liability waivers and financial assistance to
   brownfield developers.
   Brownfield Voluntary Cleanup Program (BFVCP) -The
   site owners and/or responsible parties who purchased the
   property and can show they did not cause or contribute
   to the contamination of the property are eligible for this
   program.
•  Voluntary Cleanup Program (VCP) (1995) - The VCP
   provides programmatic and liability assistance to current
   owners or potentially responsible parties (PRPs).
Liability relief provisions:  The BDP offers complete liability
protection for existing contamination to qualified brownfield
developers provided that they enter into a Brownfields
Development Agreement (BDA), and agree to clean up the
contamination as specified in the Final Plan of Remedial
Action approved by the Department  prior to development
of the site. Once the remedy is in place, the developer may
request and receive a Certificate of Completion of Remedy
(COCR) which provides liability protection as long as the
requirements of the COCR are followed. The BDP offers
liability protection for geographic or environmental media
specific operable units identified within the site.
•  The BFVCP offers protection similar to the BDP once a
   remedy is complete and a COCR  has been issued for a site.
•  The VCP offers No Further Action (NFA) letters;
   prospective purchasers may sign a consent decree for
   contribution protection; and new owners of remediated
   sites may receive a Covenant Not to Sue (CNTS), and
   can receive a COCR for remedies, which provide liability
   protection waivers.
•  The Hazardous Substance Cleanup Act (HSCA)
   establishes strict, joint and several liabilities and
   authorizes cost recovery.
•  DNREC must attempt a settlement prior to initiating an
   enforcement action, unless an emergency exists. The state
   has injunctive action and administrative order authority.
   Civil penalties of up to $10,000 per day per violation are
   available. The state may recover punitive damages, treble
   the state's cleanup costs.
Financial incentives (grants, loans, tax provisions, etc.):
DNREC has allocated $5,000,000 a year for Brownfields
Grants. The grants are up to $225,000 for private parties and
up to $1 millions for nonprofit  and government entities.
•  The Delaware Economic Development Office (DEDO) has
   a $1,000,000 matching grant fund for certified brownfields.
   These grants are a maximum of $100,000 per grant.
•  DNREC also has a Revolving Loan Fund and a Hazardous
   Substance Cleanup Loan program. The Revolving Loan
   Fund provides loan of $10,000 to $400,000 and the
   Hazardous Substance Cleanup loans provide up to
   $250,000 or 90% of the cleanup costs, whichever is lower,
   per site.
•  The Tanks Management Branch has additional monies
   that may be used on brownfield sites, including the FIRST
   Program (Fund for the Inability to Rehabilitate Storage
   Tanks), and the PLUS Program (Program Loans for
   Underground Storage Tank Systems).
Legislative or program site  eligibility requirements: To
enter into the BDP, the site must be a certified brownfield
and the developer must not have any contractual or familial
relationship with any  PRR Anyone may enter into the
VCP provided they make reasonable progress towards
investigations and cleanups at the site.
All cleanups must comply with the Delaware Regulations
Governing Hazardous Substance Cleanup. Participants
receive a COCR and subsequent purchasers receive a
release from liability for existing contamination.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): The Hazardous Substance
Cleanup Act Fund (HSCAF) had  a balance of $12,000,000
at the end of FY07.The HSCAF receives petroleum products
tax receipts, penalties, cost recovery, and interest. The fund
34
       State Brownfields and Voluntary Response Programs:

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Delaware
                                                 CO
is available for program administration, site investigation,
studies and design, removals, remedial actions, emergency
response, natural resource restoration, Comprehensive
Environmental Response Compensation and Liability Act
(CERCLA) match, and operations and maintenance.
The Brownfields Grant allocation is for the private sector
and municipal, county and state governments, nonprofit
organizations, and redevelopment authorities. Eligible entities
receive funding based on the type of organization. The
amount of grant funds available ranges from $225,000 for the
private sector up to $1,000,000 for nonprofits, governmental
entities and redevelopment authorities in any fiscal year. The
eligible entity must not have caused or contributed to the
contamination.
The DEDO matching grant awards up to $100,000 per
project. Qualified parties must be from the private sector. The
project must result in the hiring of five full time employees.
Tax incentives (abatements, credits, etc.):  Tax credits
of $650/year per new job created related to cleanup and
redevelopment ($900/year in poverty areas).
Participants receive tax credits based on the size of
investment and number of new employees brought to the site.
Grants of up to $25,000 are available for site  investigation
and cleanup. In addition, low interest loans  up to $250,000
are also available for brownfield sites. About 700 sites have
been identified for inclusion  in the program, with cleanup
underway at 96.
Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): There are several
redevelopment authorities that are engaged in redeveloping
brownfields. They include the Riverfront Development
Corporation, the Downtown  Dover Development Corporation,
the Blades Economic Development Corporation, and others.

Program Elements

Technical Elements
Methods/standards/controls: Risk-based cleanup
standards of 1.0x10-5 for carcinogenic risk and a Hazard
Index of 1.0 for non-carcinogenic risks are used. DNREC
provides guidance on the investigation and remediation of
sites.
Contaminants covered/excluded:  Hazardous substances
as defined in HSCA are covered. In addition,  petroleum
contamination is covered  on brownfield  sites; asbestos and
lead paint contamination are covered if found in the soil.
Use of long-term stewardship and institutional controls:
Institutional controls/land-use controls are allowed,
including Uniform Environmental Covenants,  operation and
maintenance plans, and Ground Water Management Zones
(GMZ). GMZs prevent the use of ground water and encourage
development by allowing low levels of contamination to
remain in the ground water while preventing exposure.
   •  1C Tracking: DNREC uses a database to track
     sites with ICs. This database is in the process of
     being improved.
   •  1C Oversight: DNREC performs inspections
     on a regular basis of the sites that have O&M
     requirements.
   •  1C Monitoring: DNREC reviews O&M reports for
     sites with O&M controls.
The following Web address is a direct link to the state's
public database that maintains an inventory of sites,
maps sites, and/or tracks institutional controls. This
link also provides additional information regarding
contaminated sites in the state.
http://www.dnrec.state.de.us/dnrec2000/Divisions/
AWM/sirb/ssd map.asp

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: August
1997
Costs to enter program or fees for service: There
is no cost to enter into the  BDP and the BFVCP.
There are oversight costs for investigative or remedial
activities for DNREC staff time. The developer will also
be responsible for the cost of publishing public notices.
These costs are often included in the allowable costs
for a Brownfields Grant.
To fund the state's VCP oversight, participants are
required to remit an initial deposit up to a maximum of
$5,000. Additional deposits will be requested based
on the oversight cost estimate as the site cleanup
progresses. Any deposit funds not expended by the
state are returned to the participant.
Funding source for administrative costs and staff:
The DNREC, Division of Air and Waste Management,
Site Investigation  and Restoration Branch (SIRS)
have 36 full-time equivalent (FTE) staff, with 36 FTE
staff authorized. Legal support is provided by the
Department of Justice (Attorney General's office) with
two attorneys assigned to both state and CERCLA
work. The majority of funding for administrative and
staff costs come from the federal grants (35%) and the
HSCAF (49%). Oversight cost reimbursements (10%)
and state general fund  (6%), comprise the balance.

Cleanup Activities
Sites currently in VCP: 283 sites  have entered the
VCP, and 170 sites are currently in the program. There
are 125 sites in the BDP.
Sites completed under VCP: 113 sites have been
completed under the VCP and the BDP.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): The state has identified
a number of economic benefits attributable to the
An Update from the States
                                                    35

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Delaware
BDP and the VCP: more than 3,200 jobs and 55 businesses
created; tax revenues increased; over 1,000 apartment/
housing units for University of Delaware students created;
three school sites in process of development; and several
parks, open space and recreational uses created.

Public Participation
Public participation requirements (notice, comment
periods, etc.): The HSCA provides for public notice and
opportunity for public comment on proposed consent
decrees, settlement revisions, proposed and final remedial
action plans; public hearings and meetings; and document
availability. Additionally, there are public notices when DNREC
enters into negotiations for a BDP or VCP applicant, and a
notice once DNREC has entered into a BDA.
Public participation activities  (hearing, meetings,
etc.): Delaware's first statewide Brownfields Development
Conference was held on October 14, 2004.

Statutory Authorities
•  The Hazardous Substance Cleanup Act (HSCA), Title 7,
   §§9101-9126 (1990, as amended 1995,2001,2003, and
   2004), establishes the HSCF and authorizes DNREC to
   clean up sites contaminated by hazardous substances.
   The law provides for enforcement; strict, joint and several
   liability; cost recovery; public  participation; natural resource
   damage assessment and recovery; property transfer
   provisions; water replacement; the BDP (2004) and the
   VCP (1995). The 2004  amendments creating the BDP
   created a subsection to HSCA.
•  The Delaware  Regulations Governing Hazardous
   Substance Cleanup (1993, revised 1995 and 1996),
   prohibit site cleanup at a property contemplated for
   redevelopment or development without prior approval from
   DNREC.
The passage of the BDP in 2004 has required that the
HSCA regulations be amended to reflect the new program.
The Department is currently in the process of revising the
Delaware Regulations Governing Hazardous Substance
Cleanup. The current schedule calls for a draft for public
review to be available in early 2009.
36                                                              State Brownfields and Voluntary Response Programs:

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District of  Columbia
                                                CO
 (genera fOnformation
   Contact: District of Columbia Department of the
           Environment Toxic Substances Division
  Address: 51 N Street, NE
           Washington, DC 20002
    Phone: 2025351747
       Fax: 202535 1383
  Web site: http://ddoe.dc.gov/ddoe/cwp/view,a,1209,q,495015,
           ddoeNav GID. 1486.ddoeNav.l31375131377l.asp

Program Description
(VCP, brownfields, or related)
On June 15, 2001, the Brownfield Revitalization Amendment
Act of 2000, became effective. The Act established the
Voluntary Cleanup Program (VCP), a brownfields program,
and provides for long-term stewardship of sites that have
been cleaned up under these programs. The Act also
authorized tax and other incentives for development of
contaminated property, and amended provisions of the Tax
Increment Financing Authorization Act of 1998, National
Capital Revitalization Corporation Act of 1998, and the
District of Columbia  Community Development Act of 1975 to
incorporate and support the cleanup and redevelopment of
contaminated property.
Brownfield definition: Abandoned, idled property or
industrial property where expansion or redevelopment
is complicated by actual or perceived environmental
contamination.
Program titles:
• Voluntary Cleanup Program
• Brownfields Program
• Underground Storage Tank (LIST) Program
• Leaking LIST (LUST) Program
Liability relief provisions: The Brownfield Revitalization
Amendment Act of 2000 authorizes a civil penalty of up to
$50,000 and strict, joint, and several liability for the unlawful
release of any hazardous substance. It does not  authorize
punitive damages or retroactive liability.
Financial incentives (grants, loans, tax provisions, etc.):
Participants may receive grants (subject to the availability of
funds in the Clean Land Fund), loans, and tax credits to offset
real property taxes and business franchise taxes.
Legislative or program site eligibility requirements:
• Under the VCP, non-responsible parties are eligible to
  participate.
•  Any brownfields or site contaminated by hazardous
   substances that is not listed on EPA's National
   Priorities List (NPL), and is not the subject of a
   current cleanup action by EPA or EHA.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs, etc.):
•  Participants entered in the program may receive
   grants and loans subject to the availability of funds in
   the Clean Land Fund.
•  The Clean Land Fund provides for the
   administration, improvement, and maintenance of
   the brownfields and VCP,  loans and grants made
   for contaminated property cleanup assistance,
   and any other brownfields revitalization incentives
   established by the Brownfields Revitalization
   Amendment Act. Authorized sources of the Clean
   Land Fund  include funds from appropriations,
   income from operations, grants, revenues, and fees.
Tax incentives (abatements, credits, etc.):
Participants may receive tax credits to offset real
property taxes and business franchise taxes.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
Participants may contact the Office of the Chief
Financial Officer and the Office of the Deputy Mayor for
Economic Development regarding specific tax incentive
financing support such as bonds.

Program Elements

Technical Elements
Methods/standards/controls: The District is
developing hazardous substance cleanup standards.
The Distric Department of the Environment (DDOE)
must publish cleanup standards for contaminated
properties under the VCP that include ground water,
surface water,  and soil standards. Until these cleanup
standards are  published, the VCP will use the District's
Water Pollution Control Act ground water standards,
and the District's LUST program standards.
Use of long-term stewardship and institutional
controls (1C):
The Brownfield Revitalization Amendment Act
of 2000 authorizes EHA to create, maintain, and
disseminate records, informational systems, and
educational  materials that are necessary to protect
public health and the environment at contaminated
properties cleaned up under the Act. EHA may also
An Update from the States
                                                   37

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District  of  Columbia
issue instruments for cleaned up properties and properties
adversely affected by residual hazardous substances from
the cleaned up properties, which will include a notice of
residual risk, residual risk restrictions, hazardous substance
easements, and orders that run with the land.
   •  1C Tracking: The Brownfield Revitalization Amendment
      Act of 2000 authorizes EHAto create an institutional
      control tracking process.
   •  1C Oversight: The Brownfield Revitalization
      Amendment Act of 2000 authorizes EHA to create an
      institutional control oversight process.
   •  1C Monitoring: The  Brownfield Revitalization
      Amendment Act of 2000 authorizes EHA to create an
      institutional control monitoring process.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://app.doh.dc.gov/services/administration offices/
environmental/services2/vcp/fact sheets.shtm

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  No
Costs to enter program or fees for service: The
application fee to enter the District's VCP is $10,000.
Funding source for administrative costs and
staff: Currently, a combination of appropriated funds and
federal brownfields  grants  provides for the administration
costs.

Cleanup Activities
Sites currently in VCP: 12 (since 2003)
Sites completed under VCP: 6 completed. Anticipate one
more in 2009.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Participants released from further
liability for the cleanup of the eligible property and for any
contamination identified in the environmental assessment
of the property, and not subject to a contribution action
instituted by a responsible person. Transferable Certificate of
Completion (COG). Right to withdraw from the program.
Public Participation
Public participation requirements (notice, comment
periods, etc.): The Brownfield Revitalization Amendment
Act of 2000 provides for 14-day public notice and comment
period before approval of an application, cleanup plan and the
issuance of a COC under the VCP.
Public participation activities (hearing, meetings, etc.):
The law also authorizes EHAto develop public involvement
plans for response or cleanup actions. Any person may bring
an action to compel the Mayor to perform non-discretionary
duties under the Brownfields Revitalization Amendment Act of
2000 or to  bring a civil action on his or her own behalf against
any person who is in violation of any standards, regulations,
requirements,  or orders pursuant to the act.

Statutory Authorities
•  The Brownfields  Revitalization Amendment Act of 2000,
   D.C. Code §101 et seq., authorizes a regulatory cleanup
   program, a voluntary cleanup program, a brownfields
   program, and provides for long-term stewardship of
   sites that have been cleaned up under these programs.
   Regulations to implement these programs have been
   drafted  but  are not yet finalized.
•  The Hazardous Waste Management Act of 1978, D.C.
   Code §§6-701 et seq., (as amended in 1984, 1989,
   and 1991),  establishes the District's hazardous waste
   management program. The law authorizes the Mayor to
   revoke or suspend a permit and, if a responsible party fails
   to comply with an administrative order, directs the Mayor to
   take corrective action necessary to alleviate or terminate a
   violation of  the law, a threat to health or the environment,
   or a release of hazardous waste. The law also authorizes
   the Mayor to recover costs of the corrective action from the
   responsible person and provides for injunctions and civil
   and criminal penalties.
38
       State Brownfields and Voluntary Response Programs:

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Maryland
                                                 CO
 GfenerafOnformafion
   Contact: VCP Division Chief
  Address: Maryland Department of the Environment (MDE)
           1800 Washington Boulevard Suite 625
           Baltimore, MD 21230-1719
    Phone: 4105373447
       Fax: 410 537 3472
  Web site: http://www.mde.state.md.us/Programs
           LandPrograms/ERRP Brownfields/index. asp
Program Description
(VCP, brownfields, or related)
Brownfields definition: No information available
Program titles:
•  Voluntary Cleanup Program (VCP) (1997)
•  Brownfields Revitalization Incentive Program
   (administered by the Department of Business and
   Economic Development)
Liability relief provisions:
•  VCP offers Certification of Completion (COG) or No
   Further Requirements Determination; sites contaminated
   after October 1, 1997, listed on the National Priorities List
   (NPL), or under active enforcement are not eligible.
•  Maryland has strict, joint, and several liability, but provides
   for apportionment where there is a reasonable basis
   for determining a party's  contribution. Under state law,
   the state program may impose liability for cleanup of
   substances disposed of before the date program was
   enacted. State has civil penalty authority up to $25,000 per
   violation. Punitive damages are not available.
•  Through the VCP, certain purchasers who did not cause
   or contribute to contamination may limit their retroactive
   liability upon purchase of the property. Amendments
   effective October 1, 2004, clarify that a person who is
   not a "responsible person" because he meets one of the
   statutory exclusions is entitled to "inculpable  person"
   status. The new law also ensures liability protection.
Financial incentives (grants, loans, tax provisions, etc.):
   •  The Maryland Department of Business and Economic
     Development administers the Brownfields Revitalization
     Incentive Program, which provides financial incentives
     for the redevelopment  of brownfields. Eligible brownfield
     sites are either those that qualify for the VCP or those
     contaminated by oil. Properties must generally be
     industrial or commercial sites that  are located in densely
     populated urban centers and generally underutilized to
     qualify for the program. Financial incentives include:
   •  Low interest loans or grants for Phase I and
     Phase II environmental assessments;
   •  Property tax credits in jurisdictions that have
     enacted enabling legislation for the difference on
     the assessed property value after pre- and post-
     cleanup and/or redevelopment; and
   •  Low interest loans or grants for site remediation;
     these incentives are designed to stimulate
     redevelopment in areas where cleanup will have
     significant environmental, economic development
     and urban revitalization benefits.
•  The Brownfields Site Assessment Initiative, funded
   by EPA grants, is intended to help eligible property
   owners or prospective property owners determine
   the type and extent of possible contamination on
   a  property. These assessments are conducted
   by MDE free of charge and both property owners
   and prospective property owners are eligible
   to participate. Applicants to the VCP may also
   apply for a brownfields assessment, which will
   reduce the investigation costs associated with a
   VCP application. The property should meet the
   following conditions: have perceived or known
   contamination; be vacant or underutilized; be
   located in a commercial or industrial area; create
   jobs; and improve the local tax base following
   redevelopment. Eligible properties also include
   sites on the EPA Comprehensive Environmental
   Response, Compensation and Liability Information
   System (CERCLIS) and state Master List. Properties
   under active enforcement by MDE are not eligible
   to participate, unless the applicant is an inculpable
   person. This initiative is administered on a first-
   come, first-serve basis beginning July 1  of each
   calendar year and is open to both the public and
   private sector.
Legislative or program site eligibility requirements:
•  Under the state Superfund program, MDE applies
   water quality criteria, ground water standards,
   Maximum Contamination Level/Maximum
   Contaminant  Level Goals (MCLs/MCLGs), risk-
   based assessments, background levels, and
   EPA guidelines, as appropriate. Site-based risk
   assessments are used in conjunction with any
   applicable regulatory criteria and are based on
   EPA published standards and Region 3 guidance
   as appropriate and available. The state's voluntary
   cleanup law requires participants to select one or
   more of the following criteria that protect public
   health and the environment: uniform numeric risk-
   based standards; measurable standards based on
   site-specific risk assessment; background levels;
   federal or state soil standards or water quality
   standards; federal or state MCLs; or any other
   federal or state standards.
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Maryland
•  MDE has developed uniform numeric risk-based cleanup
   standards, based on industrial and residential uses. In
   cases where MDE approves a voluntary cleanup based
   on land use assumptions, the agency requires deed
   restrictions.
•  The Brownfields Revitalization Incentives Program is
   open to sites that are not on the NPL list, not Treatment,
   Storage, and/or Disposal (TSD) facilities, and not subject
   to active enforcement, provided those sites are owned or
   operated by an inculpable person. The state brownfields
   law lists  several factors to be considered in determining
   eligibility for financial assistance, including location, type of
   site, and economic development potential.
•  In the VCP, any site that is contaminated or perceived
   to be contaminated is eligible for participation, other
   than NPL sites, sites under  active enforcement, or TSD
   facilities. Eligible applicants  include responsible persons
   who have not knowingly or willingly violated any hazardous
   substance law, as well as inculpable persons, defined as
   purchasers with no previous connection to the property.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Pursuant to state law, MDE  is required to seek cost
   recovery for any state response costs funded by the
   Hazardous Substance Control Fund (HSCF).The HSCF
   includes monies used for activities outside the state
   Superfund program, and information specific to state
   Superfund activities is not available. The Voluntary
   Cleanup Fund currently consists of user fees. In the first
   year of the program, 23 applications were submitted, and
   $138,000 in fees were placed in the Fund. If the state
   does not use the entire $6,000 fee paid by a participant in
   its oversight role,  it will  refund the balance; conversely, if
   state oversight costs more than $6,000, the balance will be
   collected from the participant.
•  The Brownfields Revitalization Incentives Fund received
   $500,000 in appropriations  in the first year. The Fund may
   be used  to make low interest loans and grants for site
   remediation.
Tax incentives  (abatements,  credits, etc.): Tax credits
may be extended to  10 years in designated Enterprise
Zones (EZs); incentive available in jurisdictions which  agree
to contribute 30% of the increase to the state's Brownfields
Revitalization Incentive Fund.
Other forms of support (environmental  insurance,
brownfields redevelopment authorities, etc.):  No
information  available
Program Elements

Technical Elements
Methods/standards/controls: VCP provides a menu of
cleanup options: uniform risk-based standards; site-specific
risk assessment; federal/state soil standards or water quality
standards; federal/state MCLs; and other federal/state
standards. Site-specific risk assessments follow a Risk-Based
Corrective Action (RBCA)-like process.
Contaminants covered/excluded: Polychlorinated
biphenyls (PCBs) and oil (as of October 1, 2004) are OK;
other contaminants accepted conditionally—petroleum (not
exclusively, but along with other contaminants); paint and
asbestos (as long as they comply with all other applicable
laws and regulations).
Use of long-term stewardship and institutional controls
(1C): Institutional controls are allowed and are included in the
No Further Requirements Determination (NFRD) or COG. The
state notes that institutional controls "probably have resulted
in more cleanups and more properties reused. Institutional
Controls also have probably lowered the cost of cleanups."
  •  1C Tracking: Institutional Controls/Land Use Controls
     (IC/LUC) are tracked by the Maryland Department of
     the Environment's Land Restoration Program. These
     documents are also recorded in the land records
     and sent to Miss Utility. Both programs are currently
     engaged in updating the GIS-based Web site to ensure
     that sites with IC/LUCs are  readily available to the
     general public.
  •  1C Oversight: When the Voluntary Cleanup Program
     (VCP) issues NFRDs or COCs with LUCs, the
     enforcement of the IC/LUCs falls to the VCP through
     follow-up inspections.
  •  1C Monitoring:  Other IC/LUCs associated with No
     Further Action (NFA) letters issued by the Controlled
     Hazardous Substance Enforcement Division are
     enforced by the Department and recorded with the land
     records.
The following Web address  is a direct link to the state's public
database that maintains an  inventory of  sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://textonly.mde.state.md.us/Programs/LandPrograms/
ERRP  Brownfields/mapping/index.asp

Management & Implementation  Elements
Voluntary Cleanup Program MOA with EPA:  February
1997
40
       State Brownfields and Voluntary Response Programs:

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Maryland
                                                                                                          CO
Costs to enter program or fees for service: An initial fee
of $6,000 is collected from each participant, although the
fee is ultimately based on the actual cost of state oversight.
Additional fees include:
• Application fee for subsequent application for the same
  property or contiguous or adjacent property in the same
  development: $2,000.
• Fee for expedited determination as an inculpable person:
  $2,000.
• Fee for issuance of NFRD or COG conditioned on certain
  uses  or maintaining certain conditions: $2,000.
• Fee for altering the record of determination in land records:
  $2,000.
Program incentives include a streamlined process,
determination of no further requirements and issuance of a
COG, which releases the participant from state enforcement
action and further liability for remediation approved by state.
Funding source for administrative costs and staff: MDE,
Land Management Administration, Land Restoration Program
(LRP) has three divisions involved in the state Superfund
process: the Site and Brownfields Assessment/State
Superfund Division, with approximately nine full-time
equivalent (FTEs); the Voluntary Cleanup Program, with
13 FTEs; and the Federal Facilities and NPL Division, with
13 FTEs (approximately 7.5 of whom work on non-NPL
sites). The core function falls under the Land Management
Administration's Planning and Resource Management
Program, and has approximately eight FTEs. The Attorney
General's office  has two attorneys located at MDE who work
on hazardous substance cleanup.  Funding for the state's
Superfund program comes from the state general fund
(10%), the state  cleanup fund (10%), and from federal grants
(80%).
                      432 sites have been accepted into
Cleanup Activities
Sites currently in VCP:
the VCP.
Sites completed under VCP: 205 sites totaling
approximately 3,028 acres have been completed.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): An estimated 100 businesses and more
than  5,700 jobs have been created on brownfields sites;
another 160 businesses have been located on, created and/
or retained on brownfield sites.
Public Participation
Public participation requirements (notice, comment
periods, etc.): There are statutory requirements
for public meetings, document availability, as well
as requirements for notice and public comment.
Community involvement is encouraged if there is
interest. The voluntary cleanup law provides for notice
and comment, as well as an opportunity for a public
informational meeting to discuss proposed cleanup
plans. Amendments effective October 1, 2004,
require MDE to post on its Web site notice of VCP
applications and the opportunity for public comment.
Persons receiving an NFRD or COG that includes any
institutional controls must send this information to "Miss
Utility" for recordation.
Public participation activities (hearing, meetings,
etc.):  Amendments effective October 1, 2004, require
VCP applicants to hold  a public informational  meeting
for all  proposed response action plans.

Statutory Authorities
•  The Annotated Code of Maryland, Environment
   Art., Title 7—Hazardous Material and Hazardous
   Substances, Subtitle 2—Controlled Hazardous
   Substances, §§7-201 through 7-268 (1982, as
   amended 1984, 1985, 1986, 1987, 1989, 1991,
   1992, and 1993), establishes the HSCF and
   authorizes MDE to cleanup sites contaminated
   by  hazardous substances. The  law provides
   for  enforcement; strict, joint and several, and
   proportional liability;  cost recovery; public
   participation; and natural resources damages
   assessment and recovery.
•  The Annotated Code of Maryland, Environment
   Art., Title 7—Hazardous Material and Hazardous
   Substances, Subtitle 5—Voluntary Cleanup
   Program, §§7-501 through 7-516 (1997),
   establishes the state's VCP (amended April 2004).
•  The Annotated Code of Maryland, Art. 83A, Subtitle
   9, Brownfields  Revitalization Incentive Program,
   §§3-901 through 905 (1997), establishes the state's
   Brownfields Financial Incentives Program.
An Update from the States
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Pennsylvania
 (genera fOnformation
   Contact: Troy Conrad

  Address: Pennsylvania Department of Environmental
           Protection (DEP)
           Land Recycling and Cleanup Program
           P.O. Box 8471
           Harrisburg, PA 17105-8471

    Phone: 7177837816
       Fax: 7177870884

     Email: tconrad@state.pa.us
           landrecycling@state.pa.us

  Web site: http://www.depweb.state.pa.us
           keyword "Brownfields"
Program Description
(VCP, brownfields, or related)
Brownfields definition: Pennsylvania has adopted
the federal definition: '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.'

Program titles:
•  Land Recycling Program (est. 1995) a.k.a. "Act 2"
•  Voluntary Cleanup Program (VCP)
•  Brownfields Program
•  Brownfield Action Team
•  One Cleanup Program
Pennsylvania's Department of Environmental Protection also
has several other remediation programs that complement the
voluntary cleanup process and utilize the cleanup standards
promulgated by the Land Recycling Program. Those
programs include the Tanks Program and Pennsylvania's
Hazardous  Sites Cleanup Program (HSCP). Those programs
are not outlined in this state profile.
Liability relief provisions: Program offers release from
liability for approved cleanups and potentially responsible
parties (PRPs) may participate. The program identifies risk-
based standards for cleanup,  simplifies the approval process,
and limits future liability when standards are attained.
Pennsylvania signed a Memorandum of Agreement (MOA)
with EPA in April 2004 that clarifies that sites remediated
under the state Land Recycling Program (LRP) may also
satisfy requirements under the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA),
Resource Conservation Recovery Act (RCRA), or Toxic
Substances Control Act (TSCA). This is the first One Cleanup
Program MOA negotiated with EPA in the nation.
Financial incentives (grants, loans, tax provisions, etc.):
•  Industrial Sites Reuse Program
•  Infrastructure Development Program
•  Hazardous Sites Cleanup Fund (HSCF)
•  Keystone Opportunity Zones/Keystone Opportunity
   Expansion Zones (KOZ/KOEZ)
•  Job Creation Tax Credit Program
•  Building PA
•  Tax Increment Financing (TIF) Guarantee Program
•  Infrastructure and Facilities Improvement Program
•  Section 108 Department of Housing and Urban
   Development (HUD) Loan Pool
•  New PA Venture Guarantee Program
•  New PA Venture Capital Investment  Program
•  2nd Stage Loan Program
•  Pennsylvania Infrastructure Investment Authority
   (PENNVEST) Brownfield Loans
Legislative or program site eligibility requirements:
•  The LRP, along with its implementing regulations adopted
   in 1997, establishes statewide cleanup standards.
   The party undertaking cleanup must select one or a
   combination  of the standards set out in the law and
   regulations. The three general remediation standards
   are: background; generic statewide health standards
   (concentrations of regulated substances associated with
   a specific environmental medium, which take into account
   land use factors); and site-specific risk assessment. The
   levels used for risk assessments are 10-4 to 10-6 for
   carcinogens  and a Hazard Index of 1 for non-carcinogens.
•  The regulations  implementing LRP also provide a
   remediation standard for Special Industrial Areas (SIAs).
   The requirements include a remediation plan that provides
   for: 1) addressing "all immediate, direct, or imminent
   threats to public health and the environment which would
   prevent the property from being occupied for its intended
   purpose" and compliance monitoring; and 2) preventing
   access to contaminated areas not required to be
   remediated. For sites cleaned up to standards based on a
   specific land use, deed notice is the primary mechanism
   used by the state to maintain future  land use restrictions.
   In some cases, deed restrictions are used.
42
       State Brownfields and Voluntary Response Programs:

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Pennsylvania
Financial Elements
                                                 CO
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Industrial Sites Reuse Program provides loans and grants
   to municipalities and private entities for site assessment
   and remediation; maximum of $200,000 for site
   assessment, or $1,000,000 for remediation per year; all
   require a 25% match; loans carry a 2% rate for terms up to
   five years (for assessments) or 15 years (for remediation).
•  Infrastructure Development Program provides public
   and private developers with grants and loans for site
   remediation, clearance, and new construction, up to
   $1,250,000 per project at 3% interest for 15 years.
•  Building PA provides funding for the development of real
   estate assets within the commonwealth. Funds are loaned
   to private investors and foundations looking to match funds
   to facilitate projects.
•  New PA Venture Guarantee Program allows the
   commonwealth to actively partner with the investment
   community by providing guarantees to venture capital
   companies interested in Pennsylvania businesses. These
   guarantees will provide increased capital for Pennsylvania
   businesses to grow and create jobs.
•  New PA Venture Capital Investment Program provides
   capital to Pennsylvania-focused venture capital companies
   that agree to match those funds and make investments in
   Pennsylvania businesses.
•  Second Stage Loan Program will provide guarantees for
   bank loans to second stage manufacturers and technology
   companies for working capital and other financing needs.
   Targeted toward manufacturing, advanced technology and
   biotechnology, these funds support growth in these vital
   sectors.
•  Infrastructure and Facilities Improvement Program is a
   multi-year grant program that provides grants to issuers of
   debt in order to assist with the payment of debt service.
•  PENNVEST manages a Clean Water State Revolving
   Fund (CWSRF) to administer both state and federal funds
   available for certain infrastructure projects, including
   the construction of wastewater collection and treatment
   projects and endeavors that control non-point sources of
   pollution. In 2004, PENNVEST extended the use of its
   funds to include the remediation of brownfields that pose
   a threat to local ground water or surface water sources.
   PENNVEST allocates 30% of its yearly CWSRF funding
   capacity to address brownfields. Loans to one  municipality
   may total up to $11,000,000 per project. The amount is
   increased to $20,000,000 for multi-municipal projects. Any
   requests over $20,000,000  or projects that serve all or
   parts of four or more municipalities require a special vote
   by the PENNVEST Board of Directors.
Tax incentives (abatements, credits, etc.):
•  KOZ/KOEZ—in designated KOZ/KOEZs, state
   and local taxes maybe forgiven until 2010 or 2013,
   respectively.
•  Job Creation Tax Credit Program created a tax
   credit of $1,000 per new job for firms that increase
   employment by 25 jobs or 20% within three years
   from start date (with program).
•  The TIF Guarantee Program has been a significant
   financing tool for the commonwealth for many years.
   Through TIF, communities can borrow funds for
   projects that will develop blighted areas and then
   repay those borrowed monies through the new
   tax revenues that will be generated as a result of
   the development. While this method of financing
   has been  used extensively by the state's largest
   cities, smaller communities have not tapped into
   the potential of TIF. In order to solve this disparity,
   a combination of technical assistance and loan
   guarantee assistance is proposed to encourage
   small communities to utilize this effective program.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  PA
SiteFinder—Web site for marketing previously-used
commercial and industrial properties available for
redevelopment in  Pennsylvania. A person can list a site
for sale or lease and  also search for one to purchase
or lease. PA SiteFinder can be searched by property
location, acreage, building square foot, or cost. Once a
potential site is identified, additional information can be
retrieved including county, municipality, property size,
zoning, buildings and conditions, and utility access.
Environmental Insurance—Pennsylvania has pending
legislation that would establish an environmental
insurance  program and a  subsidies pool  to help
alleviate the premium costs for purchasing a
Pennsylvania-specific policy.

Program Elements

Technical Elements
Methods/standards/controls:
By site—One property may have more than one site.
By media—Ground water and soil can use different
standards, even for the same substance.
By substance—Can apply any one of the standards to
each substance.
Contaminants covered/excluded: See list on LRP
Web site.
An Update from the States
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Pennsylvania
Use of long-term stewardship and institutional
controls (1C):  Reopeners include: fraud in the attainment
demonstration; newly identified areas of contamination;
remedy failure; and increased risk due to substantial changes
in exposure or new toxicology information.
In late 2007, Governor Rendell signed Act 68, the Uniform
Environmental Covenants Act (UECA), into law. Act 68
provides  a standardized process for creating, documenting,
and assuring the enforceability of activity and use limitations
on contaminated sites. Under UECA, an environmental
covenant will be required whenever an engineering or
institutional control is used to demonstrate the attainment of
an Act 2  remediation standard for any cleanup conducted
under an applicable Pennsylvania environmental law.
 DEP is required to and has already begun to develop the
"Pennsylvania Environmental Covenant Registry." Until the
registry is developed, DEP will  maintain an interim list of sites
with an environmental covenant on  its Web site. The list will
include location information (e.g., street address, municipality,
county) about each site as well as digital copies of the
applicable environmental covenant, notice of environmental
covenant or waiver (www.depwejb.sfate.pa.us, Keyword
"UECA").
   • 1C Tracking: Environmental covenants created under
     the law will be recorded in county land records and in a
     state registry to be created by DEP.
   • 1C Oversight and Monitoring: The  environmental
     covenants will be binding and enforceable on
     successive owners overtime.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.pasitefinder.state.pa.us/

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: April 2004
Costs to enter program or fees for service:
•  $250 for statewide health final report, background final
   report, and site-specific reports except final.
•  $500 for site-specific final report.
•  No fee for SIA reports.
•  Not required for regulated tank cleanups.
•  If combined reports are submitted, multiple fees apply.
Funding source for administrative costs and staff: LRP
in DEP handles hazardous substance cleanup and has 175
full-time equivalent (FTE) staff. Legal support is provided
by the DEP Office of Chief Counsel with approximately 12
FTE attorneys. The state cleanup fund provides 100% of
administrative costs.
Establishment of Office of Community Revitalization and
Local Government Support—This office is charged with
coordinating economic development and brownfields
redevelopment activities.
Brownfields Action Team (BAT)—This program was
established to provide redevelopment projects with an
enhanced management process specifically designed
to facilitate both environmental protection and economic
development. Each BAT is assembled based  on the needs
of that specific project. Each project will be provided with
a single point-of-contact to facilitate project advancement
and eliminate avoidable  delays. This includes site
assessment, remediation activities, permit coordination,
and priority funding opportunities.
Best Management Practices for Low-Risk Sites—A
series of criteria and reporting requirements have been
established that allow low-risk sites to receive the full
liability protection afforded by Act 2 without DEP review.
Low-risk site submittals are not subject to more than an
administrative verification for completeness. The burden of
compliance is on the submitting licensed professional.
Mothball Properties—DEP is working with local
governments to identify properties critical to community
revitalization efforts that have been "mothballed" by owners
reluctant to offer for sale or initiate the remediation of
these properties. In consultation with local officials, DEP
staff will initiate enforcement action to require  assessment
and remediation work on these properties with potential
environmental liabilities. At any point in the process, an
owner may choose to enter LRP.
Grayfields—Abandoned mine lands (AML) historically
have not been eligible for funding under Act 2  or for
related tax incentives available at the federal level. DEP
will initiate a program to  apply land recycling procedures
to AMLs. DEP hopes to identify a subset of AMLs that
are well positioned (close to resources and infrastructure)
for redevelopment. Monies may be leveraged for AML
reuse from the federal Office of Surface Mining under the
Surface Mining Control and Reclamation Act (SMCRA),
and the Industrial Sites Reuse Program administered by
Department of Community and Economic Development
(DCED). Legislation is being drafted to promote an AML
reuse program, and to ensure the protection of water
rights by reusers relying upon mining-affected waters for
their operational needs.
Pennsylvania Uniform Environmental Covenants Act -
Act 68 of 2007  - see previous section under Technical
Elements
44
     State Brownfields and Voluntary Response Programs:

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Pennsylvania
CO
Cleanup Activities
Sites currently in VCP:  1,843 as of July 1, 2009.
Sites completed under VCP: 3,172 as of July 1, 2009.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Liability relief, improved quality of life, and
community/urban revitalization.

Public Participation
Public participation requirements (notice, comment
periods, etc.):
•  HSCA establishes requirements  relating to public notice,
   public comment, hearings and meetings, document
   availability, and grants to citizen groups. The state provides
   public notice of the analysis of a  selected response action
   and alternatives. The public notice is followed  by a 90-day
   comment period. A public hearing is held within the 90-day
   comment period. HSCA also has a citizen suit provision.
•  The LRP and its regulations contain public participation
   requirements for parties proposing remediation under
   one of the law's cleanup standards. These include public
   notice and comment, as well as the development of public
   involvement plans where the site-specific standard is used
   and the affected municipality requests to be involved.
   Community Relations Coordinators perform additional
   public participation functions on an ad hoc basis.
Public participation activities (hearing, meetings, etc.):
As required by Pennsylvania statute and MOA.

Statutory Authorities
•  The Hazardous Sites Cleanup Act (HSCA) (Act 1988-
   108), 35 PS §6020.101 etseq., establishes the HSCF
   and authorizes the DEP to clean up sites contaminated by
   hazardous substances. The law provides for enforcement,
   strict, joint and several liability, cost recovery, public
   participation, natural resource damage assessment and
   recovery, water replacement, and environmental disclosure
   upon property transfer.
•  The Land Recycling and Environmental Remediation
   Standards Act, (LR&ERSA) (Act 1995-2), 35  PS
   §6026.101 et seq., establishes statewide cleanup
   standards and a voluntary cleanup program, and
   addresses brownfield sites.
An Update from the States                                                                                    45

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Virginia
 GfenerafOnformation
   Contact: Kevin Greene

  Address: Virginia Department of Environmental Quality
           (DEQ) Division of Waste Program
           Coordination

           629 East Main Street, Fourth Floor
           P.O. Box 10009
           Richmond, VA 23240-0009
    Phone: 804 698 4236

       Fax: 804 698 4234

     Email: klgreene@deq.state.va.us

  Web site: http://www.dea.state.va.us/brownfieldweb/
Program Description
(VCP, brownfields, or related)
Since 1997, Virginia has had a program for voluntary
cleanups of contaminated sites. Regulations provide a
framework for selecting cleanup standards under the
Voluntary Cleanup Program (VCP). Eligibility is limited to sites
where remediation is not mandated pursuant to a federal or
state regulatory program. Incentives for participation in the
program include the issuance of a certification of satisfactory
completion of remediation, which  constitutes immunity to a
state enforcement action.
On March 12, 2004, Virginia issued an Interim Brownfields
Manual. DEQ's goal in implementing the brownfields program
is to make its innovative and business oriented provisions
substantive, user friendly, and timely. The manual presents
definitions, frequently asked questions, and flowcharts to
help the user quickly and easily self assess the applicability
of the amnesty and limited liability provisions for project.
The program covers sites with a local government interest
and a potential for redevelopment. The state provides the
site assessment service as an incentive for the reuse or
redevelopment of brownfields.
Brownfields definition: Idled, underutilized, or abandoned
industrial or commercial properties where expansion
or redevelopment is complicated by real or perceived
environmental contamination.
Program titles:
•  Brownfields Program
•  Voluntary Remediation Program (VRP)
Liability  relief provisions:  Virginia's brownfields law
protects bona fide prospective purchasers and innocent
landowners from having to conduct containment or cleanup
under Virginia's air,  water, and waste laws at a brownfield
site if they meet the statutory definitions and the additional
requirements in the statute.
Financial incentives (grants, loans, tax provisions, etc.):
Local governments are authorized to provide tax incentives.
Legislative or program site eligibility requirements: No
information available

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): Voluntary Response Action
(VRA) provides funding for brownfields remediation projects
for localities and governmental authorities across the
commonwealth, both through the Virginia  Pooled Financing
Program (VPFP)  and through the Virginia Water Facilities
Revolving Fund (VWFRF).
Tax incentives (abatements, credits, etc.): Defines
environmental restoration sites holding Certificates of
Completion (COCs) as a separate class of property and
allows local governments to adopt an ordinance partially or
fully exempting that class from taxation.
Other forms of support (environmental insurance,
Brownfields redevelopment, etc.):  No information available

Program Elements

Technical Elements
Methods/standards/controls:  Risk-Based Corrective Action
(RBCA)-like process in place; applicants have a choice of
remediation standards—Tier I (background), Tier II (look-up
values adopted/modified from EPA standards), or Tier  III (risk-
based, including institutional controls).
Contaminants covered/excluded:  Petroleum, asbestos,
lead  paint, and polychlorinated biphenyls (PCBs) all OK, if not
regulated under another program.
Use of long-term stewardship and institutional controls
(1C): Institutional controls are allowed; however, Virginia
does not have a long-term stewardship  program for its state
cleanup program or for its voluntary cleanup program.
   •  1C Tracking: Virginia does not have a long-term
     stewardship program for its state cleanup program or
     for its voluntary cleanup program.
   •  1C Oversight: Virginia does not have a long-term
     stewardship program for its state cleanup program or
     for its voluntary cleanup program.
   •  1C Monitoring: Virginia does not  have a long-term
     stewardship program for its state cleanup program or
     for its voluntary cleanup program.
46
       State Brownfields and Voluntary Response Programs:

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Virginia
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.deq.virginia.gov/brownfieldweb/brnsites.html
http://www.deq.state.va.us/vrp/public.html

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: January 2002
Costs to enter program or fees for service: $5,000 or 1%
of the cost of remediation, whichever is less.
Funding source for administrative costs and staff:  State
oversight is funded in part by a fee of $5,000 or  1% of the
cost of remediation, whichever is less.
Cleanup Activities
Sites currently in VCP:
1,2009.
152 enrolled in VRP as of January
Sites completed under VCP:  178 No Further Action (NFA)
certificates issued as of January 1, 2009.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): COCs provide assurance that the
remediated site will not later become the subject of a DEQ
enforcement action unless new issues are discovered.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  State regulations establish public notice and
comment requirements for the VRP.
Public participation activities (hearing, meetings, etc.):
State regulations establish public notice and comment
requirements for the VRP.

Statutory Authorities
•  Brownfields Restoration and Land Renewal Act, Va. Code
   §§10.1-1230 through 10.1-1237.
•  The Waste Management Act, Va. Code §§10.1-1400—
   10.1-1457 (1986, as amended 1987, 1988, 1990, 1993,
   1994, 1995 and 1996),  authorizes DEQ to contain or clean
   up sites where hazardous wastes have been improperly
   managed. The law provides for enforcement, strict liability,
   and cost recovery.
•  The 1995 amendments created a voluntary remediation
   program. The Virginia Environmental Emergency
   Response Fund Act, Va. Code §§10.1-2500—10.1-2502
   (1992) establishes the state fund.
                                                                                  CO
An Update from the States
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West Virginia
 GfenerafOnformation
   Contact: Ken Ellison
  Address: West Virginia Department of Environmental
           Protection (DEP)
           Division of Land Restoration
           601 57th Street, SE
           Charleston, WV 25304-2345

    Phone: 304 926 0455 ext. 1263

       Fax: 304 926 0457

  Web site: htto://www, wvdep.org
Program Description
(VCP, brownfields, or related)
The Voluntary Remediation and Redevelopment Act (VRRA)
encourages voluntary remediation and redevelopment
through an administrative program set out in the West Virginia
Code of State Regulations, Title 60, Series 3 entitled the
Voluntary Remediation and Redevelopment Rule (the Rule),
which became effective on July 1, 1997. The VRRA limits
enforcement actions by DEP, provides financial incentives to
entice investment in brownfield sites, and limits liability under
environmental laws and rules for those who remediate sites
under the standards provided in the Rule.
Brownfields definition: "Brownfield" means any industrial
or commercial property which is abandoned or not being
actively used by the owner as of the effective date of state
law, but shall not include any site subject to a unilateral
enforcement order under §104 through §106 of the
Comprehensive Environmental Response,  Compensation and
Liability Act (CERCLA), or which has been  listed or proposed
to be  listed by EPA on the National Priorities List (NPL), or
subject to a unilateral enforcement order under the Resource
Conservation Recovery Act (RCRA) or any unilateral
enforcement order for corrective action under this law.
If public funds are  used, a much higher degree of public
involvement is required for brownfields cleanups.
Program titles:
•  Voluntary Remediation Program (VRP)
Liability relief provisions: The VRP offers Certificates of
Completion (COG) that provide liability relief.
Any person demonstrating compliance with the applicable
standards whether by remediation or where the site
assessment shows that the contamination  at the site meets
applicable standards, shall be relieved of further liability for
the remediation  of the site. Contamination identified in the
remediation agreement submitted to and approved by the
DEP shall not be subject to citizen suites or contribution
actions. The protection from further remediation liability
provided by the state law applies to the following persons:
•  The current or future owner or operation of the site,
   including development authorities and fiduciaries who
   participated in the remediation of the site;
•  A person who develops or otherwise occupies the site;
•  A successor or assign of any person to whom the liability
   protection applies;
•  A public utility, as defined in section two, the West Virginia
   Code (§24-1-2), and for the purpose of the VRRA, a utility
   engaged in the storage and transportation of natural gas,
   to the extent the public utility performs activities on the site;
•  A remediation contractor;
•  A licensed remediation specialist; or
•  A lender or developer who engages in the routine
   practices of commercial lending,  including, but not
   limited to,  providing financial services, holding of security
   interests, workout practices, foreclosure or the recovery of
   funds from the sale of a site.
A person shall not be considered  a person  responsible for a
release or a threatened release of contaminants simply by
virtue of conducting or having a site assessment conducted.
Nothing relieves a person of any liability for failure to exercise
due diligence in performing a site assessment.
Financial incentives (grants, loans, tax provisions,
etc.): Brownfields Revolving Loan Fund (RLF) targeted for
remediation currently funded by an EPA RLF grant.
Legislative or program site eligibility requirements: See
brownfields definition.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): RLF targeted for remediation
currently funded by an EPA  RLF grant.
Tax incentives (abatements, credits, etc.): No information
available
Other forms of support (environmental insurance,
brownfields  redevelopment authorities, etc.):
•  West Virginia Brownfields Assistance Centers (http://www.
   wvbrownfields, org/}
•  A Memorandum of Agreement (MOA) with the state
   Development Office exists to promote the redevelopment
   of remediated brownfields sites.
48
       State Brownfields and Voluntary Response Programs:

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West Virginia
Program Elements
Technical Elements
                                                  CO
Methods/standards/controls: Risk-based standards
•  The VRP has standards that are used to decide whether
   a site represents an unacceptable risk. The detailed
   exposure and toxicity equations used to evaluate risk
   under these standards can be found in the VRP Guidance
   Manual. The Guidance Manual describes three standards:
   deminimis standards, uniform standards and site-specific
   standards.
•  Deminimis and uniform standards are similar to each
   other and differ mainly in the assumptions used to create
   them. Both the deminimis and uniform standards represent
   the amount (concentration) of a contaminant that could
   be present at a site without causing an unacceptable
   risk. These concentrations are calculated for individual
   contaminants in the various media (e.g., soil, water,  or
   air) where they may occur. The deminimis and uniform
   standards are derived by running the basic risk equation in
   reverse. This is, starting with an acceptable risk level (for
   example, 10-6 for carcinogens or a Hazard Quotient of 1
   for non-carcinogens) and the known toxicity of a chemical,
   risk  accessors calculate an exposure concentration
   for that chemical that corresponds to the acceptable
   risk. This exposure concentration is the standard. If the
   concentration of a chemical at a site is below its standard,
   then its risk is acceptable. Having the deminimis and
   uniform standards expressed as concentrations allows for
   a quick comparison of measured levels of contamination
   at a site with the standards to determine whether the site
   represents a risk.
•  Site-specific standards are calculated by running the basic
   risk  equation in the traditional way. This  is, measured
   amounts of chemicals at the site are used to produce an
   exposure value. The exposure value for each chemical
   at the site, along with its known toxicity value, is used to
   calculate a level of risk for each chemical everywhere
   that it is found (e.g., soil, water, or air). The resulting level
   of risk is then compared to the acceptable risk levels. As
   stated above, the acceptable risk level for carcinogens
   is 10-6 or less. Cancer risk levels above 10-4 require
   remediation. Cancer risk levels between  10-6 and 10-4
   are evaluated for acceptability on a case-by-case basis.
   The acceptable risk level for non-carcinogens is a Hazard
   Quotient of 1 or less.
Contaminants covered/excluded: There are no exclusions.
Use of long-term stewardship and institutional controls
(1C): The DEP established by rule the criteria for deed
recordation of land-use covenants and contains all necessary
deed restrictions. The DEP causes all land-use covenants to
appear in the chain  of title by deed to be properly recorded
in the office of the county clerk where the site is located. If
institutional and engineering controls are used, in whole or
in part, to achieve a remediation standard, the DEP directs
that a land-use covenant be applied. The covenant
shall include whether residential or nonresidential
exposure factors were used to comply with the site-
specific standard. The covenant contains a provision
relieving the person who undertook the remediation
and subsequent successors and assigns from all civil
liability to the state as provided under the VRRA and
remains effective as  long as the property complies
with the applicable standards  in effect at the time the
covenant was issued.
The West Virginia Legislature  passed the Uniform
Covenants Act (§22-226-1) during the regular
2005 session, and during the  Spring 2008 Session,
the VRRA Rule was amended to incorporate the
provisions of the act  which provides additional specific
requirements pertaining to environmental covenants.
   •   1C Tracking: The Office of Environmental
      Remediation is continuing to work with the
      Information Technology  (IT) and Geographic
      Information System (GIS) sections of  DEP to
      complement the Voluntary Remediation sites on
      the agency's interactive mapper, http://gis. wvdep.
      org/imap/index.html. with the development of
      links to the recorded Land Use Controls (LUC) so
      that they may be reviewed online or downloaded
      by interested parties http://gis.wvdep.org/kml/
      covenant_bdy.kmz.
   •   1C Oversight:  Property owners, VRRA applicants
      and WVDEP, OER staff. Effective January, 2008
      WVDEP implemented a policy requiring an
      inspection and reporting paragraph be inserted in
      all future recorded land  use covenants,  requiring
      self-inspection of the restrictions contained in the
      LUC,  and submittal of the inspection report to the
      agency by the  property  owner. The frequency of
      the inspection  is dependent upon the  restrictions
      imposed by the LUC, but in no case less frequent
      than once per year.
   •   1C Monitoring: WVDEP, DLR staff and  MISS
      Utility of West Virginia. WVDEP is a member of
      the MISS  Utility of West Virginia, the one-call
      system for notification regarding excavation
      activities as potentially related to recorded LUCs.
      For the period  of calendar year 2008,  WVDEP
      received 712 notifications of excavation activities
      for sites within  the MISS Utility grid network and
      for January through July 2009 received  685.
      Each  notification received is forwarded to the
      respective project manager for their review and
      follow-up as appropriate. Project managers also
      conduct routine inspections of VRA sites with
      LUCs.
An Update from the States
                                                    49

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The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.wvbrownfield.org/index.ct'm?page=bFind.cfm

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: Yes, fee is
calculated according to the size of the property.
Funding source for administrative costs and staff:  Costs
are reimbursed by the applicant.

Cleanup Activities
Sites currently in VCP: 193 sites have entered the VRR
Sites completed under VCP: 85 COCs have been issued.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): DEP issues COCs.

Public Participation
Public participation requirements (notice, comment
periods, etc.): Under the VRP, public notice and provisions
for public comment are required by the statute.
Public participation activities (hearing, meetings, etc.):
Under the VRP, public hearings and meetings are  required by
the statute.

Statutory Authorities
The Voluntary Remediation and Redevelopment Act, WVa
Code §§22-22-1 through 22-22-21 (1996), establishes the
state's voluntary cleanup and brownfields programs, as well
as long-term stewardship authority.
50                                                               State Brownfields and Voluntary Response Programs:

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Alabama
 (genera fOnformation
   Contact: Larry Morris, Chief
           Redevelopment Section
           Brownfields Redevelopment and
           Voluntary Cleanup Program (VCP)

           Alabama Land Recycling Revolving Loan Fund
           Program
           Alabama Uniform Environmental Covenants
           Program

  Address: Alabama Department of
           Environmental Protection (ADEM)
           1400 Coliseum Boulevard
           Montgomery, AL 36110-2059

    Phone: 334 279 3053

       Fax: 334 279 3050
     Email: lan@adem.state.al.us

  Web site: http://www.adem.state.al.us/LandDivision/
           LandDivisionPP.htm
Program Description
(VCP, brownfields, or related)
Brownfields definition: Abandoned, idled, or underused
industrial and commercial properties where expansion
or redevelopment is complicated by real or perceived
contamination.
Program titles:  Brownfields Redevelopment and Voluntary
Cleanup Program (VCP)
Liability relief provisions: Program incentives include
letters of concurrence providing limited liability protection
for owners and operators and broad liability protection for
prospective purchasers, lenders, and clean-hands parties
after the receipt and review of a compliance certification.
Financial incentives (grants, loans, tax provisions, etc.):
Industrial grants of up to $375,000 can be adapted for
brownfields purposes; EPA-capitalized  Brownfields Revolving
Loan Fund (RLF) targeted to counties and municipalities.
Legislative or program site eligibility requirements:
Sites eligible for voluntary cleanup are also eligible for the
brownfields program.
• The property must not be listed on the federal National
   Priorities List (NPL) pursuant to the  Comprehensive
   Environmental Response, Compensation, and Liability Act
   (CERCLA).
• The property must not be currently undergoing response
  activities required by an order of ADEM.
•  The property must not be currently undergoing
   response activities required by an order of EPA
   issued pursuant to the provisions of CERCLA.
•  The property must not be a Resource Conservation
   and Recovery Act (RCRA) hazardous waste
   treatment, storage, or disposal facility subject to the
   permitting requirements of Alabama Administrative
   Code R. 335-14-8-.01 through 335-14-8-.08.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs, etc.):
•  Industrial grants up to $375,000 can be adapted for
   brownfield purposes.
•  EPA-capitalized Brownfields Cleanup RLF targeted
   to counties and municipalities  became effective in
   November 2004.
Tax incentives (abatements, credits, etc.): Tax
credits and incentives are  available, including the
environmental cleanup deduction which allows
businesses to deduct the qualified cleanup cost of
hazardous substances in certain  areas (brownfields) in
the tax year the business pays or insures the cost.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): The
Alabama Land Recycling and Economic Development
Act, §22-30E-1 et seq., passed in 2001, authorized
long-term stewardship, voluntary  cleanups, and
brownfields.

Program Elements

Technical Elements
Methods/standards/controls: Formal Risk-Based
Corrective Action (RBCA)  process is in place; state
uses Alabama Risk-based Corrective Action Guidance
and background information using the residential
numbers for soil and below Maximum Contaminant
Levels (MCLs) for ground water, at sites not using
institutional controls.
Contaminants covered/excluded: Program covers
all types of contaminants and pollutants including,
petroleum, asbestos, lead paint, and polychlorinated
biphenyls (PCBs).
Use of long-term stewardship and institutional
controls (1C): Alabama has a long-term stewardship
program for its state voluntary, brownfields, and
Resource Conservation and Recovery Act (RCRA)
sites.
An Update from the States
                                                   51

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Alabama
   •  1C Tracking: A MS Excel database is used to track
     institutional and engineering controls at cleanup sites
     as part of the voluntary and brownfields programs,
     and will be adapted to other programs.  Environmental
     covenants are required by law for sites not returned to
     an unrestricted use scenario.
   •  1C Oversight and Monitoring: Sites using institutional
     controls are addressed through a site-specific
     risk assessment and have a longer term enabling
     mechanism (covenant) to ensure that institutional
     controls are maintained.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.adem.state.al.us/LandDivision/
Brownfields/128Spreadsheet.htm

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service:  The state's
participation is funded through fees and reimbursement of
oversight costs.
Funding source for administrative costs and
staff: Funding for staff and administrative costs for the
voluntary cleanup program comes from federal cooperative
agreements (95%), and the ADERTFA and the Alabama Land
Recycling and Economic Redevelopment Act (ALRERA) fees.
Funding for long-term stewardship programs is not tracked
separately from other cleanup funding. Approximately 20
employees have long-term stewardship work as part of their
designated duties.

Cleanup Activities
Sites currently in VCP: Currently, 78 companies are
responsible for the assessment and possible remediation of
80 sites under the voluntary cleanup program.
Sites completed under VCP: 61 companies have completed
assessment and remediation activities on 212 sites.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Four sites are currently in use for public
activities and nine sites are projected to be used for public
activities in post-cleanup scenarios.

Public Participation
Public  participation requirements (notice, comment
periods, etc.): The state is required to provide public notice
and to receive public comment for voluntary and brownfields
sites. Once a voluntary cleanup plan is complete, the state
must notify the public through the newspaper and mailings.
Public participation activities (hearing, meetings, etc.):
The state may hold hearings in response to legitimate
requests or at the discretion of ADEM whenever such
a hearing may clarify one or more issues concerning a
voluntary cleanup plan. ADEM is required to provide public
notice of hearings at  least 30 days before they occur.

Statutory Authorities
The Code of Alabama §22-30E-1 et seq., (1988) provides
general authority for voluntary cleanups.
•  The Alabama Land Recycling and Economic
   Redevelopment Act, §22-30E-1  et seq., passed in 2001,
   authorizes long-term stewardship, voluntary cleanups, and
   brownfields.
The Code of Alabama §35-19-1 et seq., provides local
authority for the abatement of  non education related taxes.
•  The Alabama Brownfields Development Tax Abatement
   Act, §35-19-1 et seq., passed in 2004, authorizes local
   governments to grant tax abatements as an incentive to
   remediate brownfield sites.
The Code of Alabama §40-9C-1 et seq.,  provides authority
to mandate and enforce environmental covenants.
•  The Alabama Uniform Environmental Covenants Act, §40-
   9C-1 et seq., passed in 2007, authorizes ADEM to require
   environmental covenants and enforce the provisions
   thereof on properties not remediated to an unrestricted
   use scenario.
52
        State Brownfields and Voluntary Response Programs:

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Florida
 (genera fOnformation
   Contact: Kim Walker, Brownfields Liaison

  Address: Florida Department of Environmental
           Protection (DEP)
           2600 Blair Stone Road
           Tallahassee, FL 32399-2400

    Phone: 850 245 8934

       Fax: 850 245 8976

     Email: kim.walker®dep.state.fi.us
  Web site: http://www.dep.state, fl.us/waste/categories/
           brownfields/default.htm
           (Brownfields Redevelopment Program)

           http://www, dep.state, fl, us/waste/categories/
           brownfields/pages/ICR. htm
           (Institutional Controls Registry)
Program Description
(VCP, brownfields, or related)

Brownfields definition
Brownfield Site: means real property, the expansion,
redevelopment, or reuse of which may be complicated by
actual or perceived environmental contamination (376.79 (3),
Florida Statutes).
Brownfield Area: means a contiguous area of one or more
brownfield sites, some of which may not be contaminated,
and which has been designated by a local government
by resolution. Such areas may include all  or portions
of community  redevelopment areas, enterprise zones,
empowerment zones, other designated economically
deprived communities and areas, and Environmental
Protection Agency-designated pilot projects (376.79(4),
Florida Statutes). Note: In order to receive program benefits
under the state Brownfields Redevelopment Program, a
brownfield site must be located in a brownfield area.
Program titles: Brownfields Redevelopment Program
Liability relief provisions:  Under the Brownfields
Redevelopment Program (1997; amended 1998, 2000, 2004,
2005, and 2006 and 2008) non-responsible parties and
certain responsible parties may receive liability protection
from state and third party claims.  Liability  protection is
provided for lenders and nonprofit organizations that agree to
clean up sites. State issues  a Site Rehabilitation  Completion
Order (SRCO).
Financial incentives (grants, loans, tax provisions,
etc.):
•  Job Bonus Refund - up to $2,500 for each new job
   created in a brownfield area by an eligible business.
•  Loan guarantee program.
•  Expedited permitting process.
•  Sales tax credit on building materials used for the
   construction of certain redevelopment projects
   located in brownfield areas.
•  Voluntary Cleanup Tax Credit (corporate income) of
   50% on annual voluntary cleanup costs incurred, up
   to $500,000 in tax credits per year.
•  Enterprise Zone program.
•  Local option sales surtax exemptions for sales made
   in urban infill/redevelopment areas.
Legislative or program site eligibility
requirements: All sites are eligible to conduct
voluntary cleanup,  unless the site is on the National
Priorities List (NPL) under the federal Superfund
Law. For the Brownfields Redevelopment Program,
any person that has not caused or contributed to the
contamination of a brownfield site on or after July
1,  1997, is eligible to participate in the brownfield
program. Sites that are on the NPL under the federal
Superfund Law are not eligible to participate in the
Florida Brownfields Redevelopment Program without
EPA approval. Voluntary cleanup tax credit incentives
are only available to sites that enter the Brownfields
Redevelopment Program and certain sites in the
Florida dry cleaning program that enter into a voluntary
cleanup agreement.
There are no incentives for sites that enter voluntary
cleanup outside of the brownfields or dry cleaning
programs.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs, etc.):
Funding available for voluntary  cleanup and brownfields
projects includes:
•  DEP receives funding for its  state response program
   (SRP) from EPA. A portion of these funds are
   used to fund site-specific assessments and limited
   cleanup of source areas for eligible applicants. Sites
   that receive these services are also encouraged to
   participate in the state Brownfields Redevelopment
   Program.
An Update from the States
                                                    53

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Florida
•  Loan guarantee program provides limited guarantees
   for up to five years for primary lenders financing
   redevelopment projects in brownfield areas.
•  Petroleum stations and dry cleaning establishments are
   eligible for participation in the Brownfields Redevelopment
   Program.
Tax incentives (abatements, credits, etc.):
•  State sales tax credit on building materials (purchased
   on or after July 1, 2000) used for the construction of
   a redevelopment project (e.g., housing or mixed-use
   project) located in urban high crime area, enterprise and
   empowerment zones, Front Porch  Communities, and
   designated brownfields or urban infill area.
•  Job Bonus Refund - up to $2,500  for each new job
   created in a brownfield area by an eligible business. The
   job bonus refund is available to companies that create
   jobs at any site within a designated brownfields area. A
   company may qualify for the job bonus refund if the new
   business is a qualified target industry (QTI) in Florida or
   if the new business makes a capital investment of at least
   $2,000,000, and creates at least 10 jobs.
•  Tax credit (corporate income) of 50% on voluntary
   cleanup  activity that is integral to site rehabilitation, with a
   maximum of $500,000 in tax credits, per site per year. The
   annual tax credit allocation is $2,000,000. The Voluntary
   Cleanup Tax Credit program  issued a total of $13,523,652
   in tax credits since inception  of the program in  1998.
•  Enterprise Zone program provides a variety of  incentives
   in cooperation with local governments to encourage
   economic growth and investment in zones: job  creation
   tax credits, enterprise zone property tax credits, building
   material  sales tax refund, business equipment  sales tax
   refund, and electrical energy sales tax exemption.
•  Local option sales surtax exemptions are available for
   sales made in urban infill and redevelopment areas.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  No
information  available

Program Elements

Technical Elements
Methods/standards/controls:  Cleanup criteria for all sites in
Florida are  essentially the same. For historical reasons, there
are some minor differences between the four cleanup rules
that manage brownfields, petroleum,  dry cleaning, and all
other contaminated sites, respectively. The criteria are based
on: risk assessment; background levels, water quality criteria,
Maximum Contamination Level/Maximum Contaminant Level
Goals (MCLs/MCLGs); ground water standards; chemical-
specific health-based standards; land use considerations;
nuisance, organoleptic, and aesthetic standards. Land
use assumptions are based on local planning board
determinations, current and projected use, and individual
site characteristics. Numerical risk goals are set at 10 -6 for
carcinogens and a Hazard Index of 1 for non-carcinogens.
•  A Risk-Based Corrective Action (RBCA)-type of process
   is in place that establishes default levels for residential
   and commercial/industrial scenarios and provides greater
   flexibility in achieving cleanup target levels by the use of
   institutional and engineering controls.
Contaminants covered/excluded: All contaminants are
accepted including petroleum and polychlorinated biphenyls
(PCBs). Asbestos and lead paint are accepted conditionally.
Use of long-term stewardship and institutional controls
(1C): Institutional controls are key to a RBCA approach and
are allowed in all cleanup program areas. The property owner
must agree to the use of  an institutional control such as a
deed restriction  or restrictive covenant on the property if an
engineering control is the selected remedy.
   • 1C Tracking: The state maintains a tracking system
     that tracks the use  of institutional controls at sites. It is
     available online for public users.
   • 1C Oversight and  Monitoring: Policy is under
     development for reviewing sites where institutional
     controls have been implemented.
The following Web address is a direct link to the state's public
database that maintains  an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
h ttp://www. dep. state, fl. us/waste/ca tegories/bro wn fie Ids/
pages/ICR.htm

Management & Implementation Elements
Brownfields Redevelopment Program MOA with EPA: First
agreement in December  1999; Revised agreement in October
2005 includes RCRA sites.
Costs to enter program or fee for service:  There  is no fee
to  enter the Florida Brownfields Redevelopment Program.
Sites that enter the program and that choose to apply for the
annual Voluntary Cleanup Tax Credit must submit a $250 fee
with each annual tax credit application.
There is no fee for sites that choose to conduct voluntary
cleanup outside the Brownfields Redevelopment Program.
Funding source for administrative costs and staff: Funding
for the Brownfields Redevelopment Program and brownfields
staff comes from the state general fund. There is a brownfields
coordinator in each of the six  DEP district offices. The
brownfields coordinators  oversee voluntary cleanup of
brownfield sites. Funding for long-term stewardship is not
allocated separately from other cleanup funds. Sites that enter
into voluntary cleanup outside the Brownfields  Redevelopment
Program are managed by other DEP staff members; who are
also funded by the state general fund.
54
        State Brownfields and Voluntary Response Programs:

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Florida
Cleanup Activities
Sites in the Florida Brownfields Redevelopment
Program:  As of August 2009, 130 sites have voluntarily
entered into brownfield site rehabilitation agreements with
DER
Sites completed under the Brownfields Redevelopment
Program: Currently, 30 sites have been issued final Site
Rehabilitation Completion Orders (SRCOs) from DEP since
the start of the program.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Cumulative totals for new job creation and
capital  investment attributable to the brownfields program
from its start until December 31, 2008:10,827 new direct
jobs; 13,127 new indirect jobs; and $1,291,636,591 of capital
investment in designated areas.

Public Participation
Public  participation requirements (notice, comment
periods, etc.): The Brownfields Redevelopment Act requires
public notice of certain agency decisions and provides for
public comment.
Public  participation activities (hearing, meetings,  etc.):
The Brownfields Redevelopment Act includes specific public
participation requirements such as public hearings and
meetings.

Statutory Authorities
The Pollutant Discharge Prevention and Removal Act,
Fla. Stat. §§376.30 through 376.86, authorizes voluntary
cleanups, long-term stewardship, and brownfields. Sections
376.77 through 376.86, the Brownfields Redevelopment Act,
establish the state's brownfields program, eligibility criteria,
and the process by which an area may be designated a
brownfield. It also provides for institutional controls and
voluntary cleanups.
An Update from the States                                                                                      55

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Georgia
 GfenerafOnformation
   Contact: Madeleine Kellam,
           Brownfields Coordinator

  Address: Georgia Department of Natural Resources
           (DNR)
           Hazardous Waste Management Branch
           2 Martin Luther King Jr. Drive SE
           Suite 1154 East Tower
           Atlanta, GA 30334

    Phone: 404 656 7802

       Fax: 404 651 9425

     Email: Madeleine_Kellam@dnr.state.ga.us
  Web site: www.aaeod.om/documents/brownfields.html
Program Description
(VCP, brownfields, or related)
Brownfields definition: Not defined in the statute, although
eligibility criteria are outlined. The state provides a formal
mechanism for oversight of voluntary cleanups. Two tracks
are used, one for sites listed on the state Superfund list, the
Hazardous Site Inventory (HSI), and one for contaminated
sites that are not listed. Brownfields designation is made upon
request of program applicant for cleanup cost certification.
Program titles: Hazardous Waste Management Branch,
Environmental Protection Division, Georgia Department of
Natural Resources:
•  Brownfields Redevelopment Program (oversees non-listed
   site cleanups)
•  Hazardous Site Response Program (oversees HSI-listed
   site cleanups)
Liability relief provisions:  The Hazardous Site Reuse and
Redevelopment Act (Brownfields Act) (OCGA §12-8-200,
as amended) provides limited liability relief for prospective
purchasers of contaminated property who voluntarily agree
to remediate soil and source material to promulgated risk
reduction standards. Qualified prospective purchasers, upon
approval of the prospective purchaser corrective action plan
or state concurrence with the certification of compliance
described in the Brownfields Act, whichever first occurs, are
not liable to the state or any third party for costs incurred in
the remediation of, equitable relief relating to, or damages
resultant from preexisting releases, and are not required to
certify compliance with risk reduction standards for ground
water, perform corrective action, or otherwise be liable for
any preexisting releases to ground water associated with the
qualifying property.
Financial incentives  (grants, loans, tax provisions,
etc.): Tax abatement  provisions are available for recovery of
certified cleanup costs at qualifying properties.
Legislative or program site eligibility
requirements: Eligibility requirements pertain to both
properties and prospective purchasers of properties. In order
to qualify: the property must have a preexisting release; any
lien filed against the property under the state Superfund
statute must be satisfied, and the property must not be
listed on the federal National Priorities List (NPL); it must
not be currently undergoing response activities required by
an EPA order; or it must not be a hazardous waste facility.
Responsible parties and their affiliates are ineligible for the
program.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): No monetary grants or
loans are provided for under the program; however, a
limited amount of direct assistance, in the form of Targeted
Brownfields Assessment, is provided to eligible entities
subject to state criteria and available funds.
Tax incentives (abatements, credits, etc.): Article 1 of
Chapter 5 of Title 48 of the Official Code of Georgia was
amended in 2003 to provide for preferential assessment of
environmentally contaminated property that has entered the
Brownfields Program. The preferential assessment freezes
the ad valorem value of the property for the first of a period
of ten years, or until the certified cleanup  costs have been
recovered through tax savings.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available

Program Elements

Technical Elements
Methods/standards/controls: Risk reduction standards
promulgated under the Georgia Hazardous Site Response
Act (the state Superfund statute) are used to determine
compliance with cleanup requirements under the Brownfields
Program. These  risk-based standards provide four options for
cleanup, all of which are designed to protect human health
and prevent degradation of ground water  quality: standardized
residential; site-specific residential; standardized non-
residential; and site-specific non-residential. For sites where
these four standards cannot be applied, a fifth option provides
for control measures (institutional controls, engineering
controls, and or monitoring,  as  appropriate) to be maintained.
Contaminants covered/excluded: On-site releases of
petroleum and hazardous substances are covered.
Use of long-term stewardship and institutional controls
(1C): Georgia has promulgated institutional controls
provisions for brownfield sites that are on  the state Superfund
56
        State Brownfields and Voluntary Response Programs:

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Georgia
list and that have not certified compliance with a residential
risk reduction standard for soil and ground water. In addition,
Georgia has enacted a Uniform Environmental Covenants
Act to establish an additional mechanism for creating and
maintaining engineering and institutional controls.
   •   1C Tracking: For non-listed brownfields properties
      (which do not have such regulatory requirements)
      Georgia uses Response Program Grant funding
      to inspect, monitor, and track institutional controls.
      A database to capture all institutional controls  has
      been developed under the Response Program Grant.
      Georgia's brownfields statute contains provisions
      for revocation of the limitation of liability for failure to
      conduct approved cleanups or failure to abide  by land-
      use controls embodied in the certification of compliance
      with risk reduction standards.
   •   1C Oversight: Oversight and technical review  is
      provided by environmental engineers and geologists
      under both the Brownfields and Hazardous Site
      Response Programs.
   •   1C Monitoring: Monitoring is required when dictated by
      statute, (i.e. at HSI-listed sites  and at sites that rely on
      long-term stewardship/institutional controls).
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps  sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
h ttp://www. gaepd. org/Documen ts/hazsitein v.html

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: A non-
refundable $3,000 application review fee is required  to
participate in the program. Additional fees may be invoiced
if the review costs exceed the initial fee. These fees are
deposited in  the state's general treasury.
Funding source for administrative costs and staff:
Funding for staff and administrative costs for both the listed
and non-listed sites comes from a Response Program
Grant from EPA. Although a $3,000 application review fee is
required for participation in the program, the Georgia General
Assembly is  not obligated to appropriate these funds back to
the Environmental Protection Division for its operating budget.

Cleanup Activities
Sites currently in Brownfields Program:  152
Sites completed under Brownfields Program:  146 (298
applicants to date; 146 of which have completed activities).
Benefits (incentives to participate in the Brownfields
Program, covenants not to sue, etc.): Participants receive
limitations of liability prior to purchase of property and can
qualify for tax abatement following completion of cleanup.
Participants have commented on the utility of the
limitation of liability letters in securing private financing
for redevelopment.

Public Participation
Public participation requirements (notice, comment
periods, etc.): Brownfield sites that are regulated
through listing on the state Superfund list have a
statutory requirement for public notice and a 30-day
public comment period on cleanup plans and delisting.
For non-listed brownfields properties, the provisions of
the Georgia Open Records Act pertain. All documents
relating to the site cleanup are available for review by
the public during regular business hours. The Georgia
Environmental Protection Division Web site provides a
listing of all properties that have entered the program
and provides information about how to access decision
documents for these properties. Lastly, the Georgia
program utilizes promulgated risk reduction standards
that were subject to public notice and public comment
during development.
Public participation activities (hearing,  meetings,
etc.): Georgia instituted a statewide outreach
campaign to raise community awareness of the
Brownfields Program, to increase community
involvement, and encourage community participation
in the federal brownfields grant program. Response
Program grant funds will be used to further expand
real-time public access to all site files and  decision
documents, through a Web-based filing system.

Statutory Authorities
•  Hazardous Site Reuse and  Redevelopment Act
   (OCGA §12-8-200, as amended)
•  Hazardous Site Response Act (OCGA  §12-8-90,  as
   amended)
•  General Provisions Regarding Ad Valorem Taxation
   of Property (OCGA §48-5-2, et seq)
•  Georgia Uniform Environmental Covenants Act
   (OCGA §44-16-1)
•  Georgia Voluntary Remediation Program Act (OCGA
   §12-8-107)
An Update from the States
                                                     57

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Kentucky
 GfenerafOnformation
   Contact: Herb Petitjean

  Address: Kentucky Division of Compliance Assistance
           300 Fair Oaks Lane
           Frankfort, KY 40601
    Phone: 8009268111
           502 564 0323

       Fax: 502 564 9720

     Email: Herb.Petitjean@ky.gov
  Web site: http://www,dca.ky.gov/brownfields
Program Description
(VCP, brownfields, or related)
Brownfields definition: Kentucky does not have a definition
provided by statute or regulations.
Program titles:
Kentucky Voluntary Cleanup Program includes:
•  A formalized program, the Voluntary Environmental
   Remediation Program (VERP), which provides a Covenant
   Not to Sue (CNTS);and
•  Less formalized options leading to a Notice of Completion
   or a No Further Remediation Letter.
Liability relief provisions: Kentucky law offers liability
defenses for bona fide prospective purchasers, contiguous
property owners and innocent  landowners. The requirements
for these defenses are the same as under the Comprehensive
Environmental Response Compensation and  Liability Act
(CERCLA).
Volunteers may apply to  obtain a CNTS under the VERP.
Kentucky expanded its liability coverage for those who
complete the VERP process. An entity that has completed
the program cannot be sued by a third party to perform
remediation in excess of that required by the approved
corrective action plan.
Volunteers may also conduct cleanups under  a less formal
process and obtain a Notice of Completion or a No Further
Remediation letter—the  latter being  limited to public entities.
Financial incentives (grants, loans, tax provisions, etc.):
•  Kentucky tax incentives for  bona fide prospective
   purchasers of qualified properties
•  Brownfield Redevelopment  Fund  (currently under
   development)
•  Targeted Brownfield Assessments
•  Kentucky Cabinet for Economic Development incentives
   and other state programs based on end use
•  Kentucky Housing Corporation program
•  Agricultural Warehousing Sites Cleanup Fund
•  Duke Energy, Kentucky Utilities and Louisville Gas
   and Electric offer reduced electrical rates for qualified
   redevelopment projects on brownfields
Legislative or program site eligibility requirements:  Any
party is eligible to enter VERP to receive a CNTS unless:
•  The property is a licensed radioactive materials facility.
•  The property is part of  or contains a site that is on the
   National Priorities List  (NPL).
•  The property is part of  or contains a hazardous waste
   treatment, storage, or disposal facility for which a permit
   has been issued, or the site is otherwise the  subject of
   hazardous waste closure or corrective action.
•  The property or site is  the subject of state or federal
   environmental enforcement action related to  a release for
   which the application is submitted.
•  The property or site presents an environmental
   emergency.
Properties containing underground storage tanks (LIST) are
eligible for the program, but they must satisfy the cleanup
requirements of the LIST program and any release from an
LIST is not covered by the CNTS.
There are no restrictions on  parties wishing to enter the
program to receive a Notice  of Completion. A No Further
Remediation letter is only available to public entities.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication  to special
types of sites such as petroleum,  dry cleaners,
abandoned drug labs, etc.): The Kentucky Cabinet for
Economic  Development offers a variety of incentives for new
or expanding businesses,  but none of these incentives is
specifically directed to brownfields.
The Kentucky  Division of Waste Management uses a grant
from EPA to conduct a limited number of Targeted Brownfields
Assessments each year for local governments and eligible
nonprofits.The Division of Compliance Assistance helps
eligible parties develop applications  for federal grants.
VERP established an Agricultural Warehousing  Sites Cleanup
Fund to address the growing number of closed tobacco
warehouses, but no money has been allocated to the fund.
Kentucky is exploring using the Clean Water State Revolving
Loan Fund to provide incentives to redevelop brownfields that
have a current or a potential water quality impact.
58
        State Brownfields and Voluntary Response Programs:

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Kentucky
In 2009, the Kentucky Legislature authorized the
establishment of a Brownfield Redevelopment Fund to
provide grants and loans to local governments. The
legislation did not provide any funding at this time, but allowed
the Cabinet to develop procedures to administer such a fund.
Tax incentives (abatements, credits, etc.): For qualified
parties, the state and local property tax rates on a remediated
brownfield property are reduced. For three years following the
cleanup, the property will not be subject to local ad valorem
property taxes. The state ad valorem property tax rate will be
reduced from 31.5 cents per $100 of assessed value to one
point five cents per $100 of assessed value. Qualified parties
can also receive up to $150,000 worth  of income tax credits
for expenditures made in order to meet the requirements of
the assessment and cleanup. The allowable credit for any
taxable year is a maximum of 25% of the credit authorized.
The credit may be carried forward for 10 successive years.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): Owners
of brownfields for sale or lease can list  their sites on the
Kentucky Brownfield Program Web site.
The Kentucky Housing Corporation is establishing a
program to assist qualified persons and families of lower
and moderate income to help defray the cost of assessment
and decontamination of methamphetamine contamination of
inhabitable properties. A person shall not be eligible for the
program if convicted of a felony or found by the corporation
to be responsible for contamination of the relevant property
through methamphetamine (meth) production.
Duke Energy and E.ON U.S. (Louisville Gas and Electric and
Kentucky Utilities) have programs that offer reduced electrical
rates for companies that redevelop on qualified brownfields.

Program Elements

Technical Elements
Methods/standards/controls:  State Superfund statute
provides four cleanup options:
•  Proving that no action is required;
•  Proving that site/release can be managed with
   engineering/institutional controls;
•  Removal; and
•  Any combination of the above.
EPA Region 9 Preliminary Remediation Goals (October 2002)
and associated guidance are used for screening.
Target risk set at an excess cancer risk of 10-6 for
carcinogenic endpoints and a Hazard Index of 1 for non-
carcinogen endpoints.
May use Generic Statewide Ambient Background Table or
develop site-specific values.
Future land use may be considered as part of proposal,
but requires institutional controls to insure that use
remains compatible with remedy.
Contaminants covered/excluded:  Petroleum and
polychlorinated biphenyls (PCBs) are covered, but
petroleum releases are  not eligible for CNTS if they fall
under the UST program. Asbestos and lead paint are
covered if released in environment and not part of a
structure.
Kentucky has contractor certification requirements and
guidance for decontamination of methamphetamine
labs in inhabitable properties.
Use of long-term stewardship and institutional
controls (1C): Kentucky adopted legislation that mirrors
the Uniform Environmental Covenant Act. Kentucky
Revised Statutes 224.80-100 to 210  provide greater
assurance that protective measures  remain in place
at properties where contamination is being managed
onsite.
   •   1C Tracking, Oversight, and Monitoring: The
      party or applicant shall conduct annual (or
      other approved frequency) inspections of the
      engineering and institutional controls and shall
      make annual (or other approved frequency)
      certification to the cabinet that the controls
      remain protective  of human health, safety, and
      the environment. In accordance with KRS 224.01-
      400 (17), a review of environmental conditions at
      sites that have not been restored or remediated
      shall be conducted every five (5) years to
      determine if additional action is necessary to
      protect human health or the environment.
   •   Reopeners: Reopeners under the VERR The
      Covenant Not To Sue does not apply to:
   •   Releases not expressly identified in the corrective
      action plan.
   •   Claims based on failure of the  applicant or
      any successive landowner to comply with the
      approved corrective action plan, including any
      required land use restrictions and engineering or
      institutional controls.
   •   Liability resulting from the applicant's
      exacerbation of releases identified in the
      corrective action plan.
   •   Criminal liability.
   •   Petroleum storage tanks.
   •   Claims or liability based on or resulting from
      misrepresentations or intentional omissions by
      the applicant.
   •   Liability for conditions at the site that were not
      known at the time that prevent the remediation of
      being protective of human health, safety, or the
      environment.
An Update from the States
                                                     59

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Kentucky
   •  Claims based on changes in scientific knowledge.
   •  Environmental emergencies.
   •  Natural resource damages.
   •  Any administrative or civil action not expressly excluded
     by the covenant.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www. dca. ky. gov/brownfields/
Ken tuckv+Bro wnfield+ln ven lory, htm

Management & Implementation Elements
Voluntary Cleanup Program MOA with  EPA: Kentucky has
started negotiations with EPA towards a Memorandum of
Agreement  (MOA).
Costs to enter program or fees for service: VERP
application fees: Area of 3  acres or less ($1,000); area
greater than 3 acres and less than 10 acres ($2,500);  and
area of 10 acres or more ($3,500).
Applicant reimburses cabinet for cost of review and oversight
cost that exceed the application fee. The cabinet may waive
in whole or  in part its right  to be reimbursed if the property is
less than three acres and the cabinet determines the waiver is
in the public interest.
Any public entity entering property that is publicly owned is
exempt from the application fees.
Voluntary cleanups outside VERP: There  is currently no fee
for the informal cleanup options.
Funding source for administrative costs and staff:
Funding comes from application fees and reimbursement
for oversight costs. Grants  and state Hazardous Waste
Management Funds are used to cover oversight costs for
properties that have exemptions or waivers.

Cleanup Activities
Sites currently in VCP: Currently, two properties are in the
VERP. The other, less formalized programs, remain available
and are actively utilized by volunteers.
Most volunteers continue to conduct cleanups under a less
formal process to obtain a  Notice of Completion rather than
a CTNS. Over 100 sites per year are addressed through this
process.
Sites completed under VCP:  No sites have been completed
under the VERP. Kentucky's Superfund program has addressed
approximately 4,000 sites  under a less formal process.
Benefits (incentives to participate in the VCP, covenants
not to sue,  etc.): VERP establishes an efficient and
predictable process for voluntary cleanups. It includes time
limits for review of documents by the cabinet. Upon successful
completion of a cleanup, the applicant receives a CNTS and
expanded liability coverage. However, the majority of volunteers
prefer to use the less formalized Notice of Completion option
rather than VERP. They find it less onerous and feel that the
Notice provides an adequate degree of liability protection.
Clandestine Meth Lab Cleanup: This program oversees the
contractor certification, promulgates cleanup regulations,
and approves decontamination reports. This program acts as
a liaison between property owners, health department, law
enforcement, and cleanup contractors. Upon the approval
of the decontamination report, the program recommend to
the local heath department that the posting of contamination
to be removed and that decontamination procedures
were performed safely  and that the cleanup meets the
decontamination standard referenced in KRS 224.01-410.
The Meth Cleanup Program tracks the clandestine meth
labs in inhabitable properties on the Tier Assessment Intel/
Remediation Database. This database is compiled of reported
meth lab activities in the commonwealth since July of 2008.
This database is a quick reference for program staff to assist
property owners with various questions about the remediation
of their meth contaminated property. The ongoing database
tracking receives 20-30 meth lab reports monthly and has
231 properties recorded to date. The Tier Assessment Intel/
Remediation database has been an asset to the remediation
program. Since the inception of the program, 80 meth labs
have been remediated  to habitable conditions or demolished.
The trend in  reported meth labs  has increased  over the last
two years due to the depressed economy and increased
efforts of law enforcement to control the manufacturing of
the drug. This database aids in the graphical representation
of meth lab activity, contaminated and remediated, in the
commonwealth.

Public Participation
Public participation requirements (notice, comment
periods, etc.): Kentucky's VERP has a public participation
component. Requirements include:
•  The applicant shall notify the  local government units at
   the time of application and at the time that the corrective
   action plan is proposed.
•  The applicant shall place notices in the newspaper of
   largest circulation in the county at the time of application
   and at the time that  the corrective action plan is proposed.
•  The applicant shall post a sign on the property stating
   that the site is undergoing remediation and providing
   information on where and when the corrective action plan
   is available for public review and comment.
•  Copies of all relevant documents shall be placed in the
   local public library. Documents are also available from the
   Division of Waste Management file room as  provided by
   Kentucky's Open  Records Act, KRS 61.870-884.
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        State Brownfields and Voluntary Response Programs:

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Kentucky
•  A comment period of at least 30 days shall follow
   publication of the notice of the submittal of a corrective
   action plan. During the comment period, any person may
   submit written comments to the cabinet concerning the
   corrective action plan and may request a public hearing.
   The cabinet may hold a public hearing if request is made.
•  The cabinet shall consider all written comments and public
   testimony prior to taking any action.
•  The public may appeal approval of a corrective action plan
   or issuance of a CNTS.
Voluntary cleanups outside the VERP also have a public
participation component, but not to the extent of the VERP.
•  All cleanups being conducted under the No Further
   Remediation Letter process (KRS 224.01-450 through
   465) include a public notice and public comment period.
•  For any proposed remedy that does not achieve the target
   risk  levels at the point of exposure, the volunteer shall
   provide a public notice. The cabinet shall receive public
   comments for 30 days following the publication of the
   notice.
•  Documents related to any cleanup are available for public
   review under the provisions of Kentucky's Open Records
   Act,  KRS 61.870-884.
Public  participation activities (hearing, meetings, etc.):
See comments under public participation requirements.

Statutory Authorities
Cleanup Statutes and Regulations
•  KRS 224.01-400 - Reportable quantities and release
   notification requirements for hazardous substances,
   pollutants, or contaminants; Variation  of requirements by
   administrative regulation; Emergency plan; Powers of the
   cabinet; Remedial action to restore environment; Lien of
   cabinets costs of cleanup; Defenses to Liability; Liability
   of financial institution acquiring property or serving as
   fiduciary.
•  KRS 224.01-405 - Corrective action for release of
   petroleum or petroleum product from  a source other than a
   petroleum storage tank.
•  KRS 224.01-450 to  465 - No Further Remediation Letter.
•  KRS 224.01-510 to  532-Voluntary Environmental
   Remediation Act, including limits to suits  or claims to
   compel remediation  in excess of corrective action plan.
•  401  KAR 100:030 Remediation Requirements.
Environmental Covenant Act
•  KRS 224.80 Environmental Covenants
Brownfield Redevelopment Fund
•  KRS 224.01-030 Brownfield Redevelopment Fund
Tax incentives
•  KRS 132.010 (18) Defines qualifying voluntary
   environmental remediation property for state and
   local ad valorem tax incentives.
•  KRS 132.020 (1) (c) State ad valorem tax reduction
   for bona fide prospective purchasers of qualified
   properties.
•  KRS 132.200 (21) Three year elimination of local ad
   valorem taxes for bona fide prospective purchaser of
   qualified properties.
•  KRS 141.418 Tax credit for voluntary environmental
   remediation.
Methamphetamine contamination
•  KRS 224.01 -410 Standards and procedures for
   assessment and decontamination of inhabitable
   properties.
•  401  KAR 101:001 Definitions for 401 Chapter 101
•  401  KAR 101:010 Contractor Certification
•  401  KAR 101:020 Financial Requirements
•  401  KAR 101:030 Tiered Response System
•  401  KAR 101:040 Cleanup and Sampling
   Requirements
•  KRS 198A.040 (29) Gives the Kentucky Housing
   Corporation the authority to establish a program to
   assist persons and families of lower and moderate
   income to help defray the cost of assessment
   and decontamination of meth contamination of
   inhabitable properties.
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Mississippi
 GfenerafOnformation
   Contact: Trey Hess
           Mississippi Department of Environmental
           Quality (MDEQ)
           Ground Water Assessment and
           Remediation Division
  Address: P.O. Box 10385
           Jackson, MS 39289-0385

    Phone: 601 961 5654

       Fax: 601 961 5300
     Email: Trey_Hess@deq.state.ms.us

  Web site: http://www,brownfields,ms
Program Description
(VCP, brownfields, or related)
The Ground water Assessment and Remediation Division
(GARD) is responsible for the assessment and remediation of
contaminated sites in the State of Mississippi.
Brownfields definition: 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.
•  Uncontrolled Site definition—Site, facility, plant, or location
   where hazardous or toxic wastes have been  released to
   the environment and, due to existing regulations, there is
   no federal program that can handle the problem.
•  Voluntary Evaluation Program (VEP)—Uncontrolled site
   that is receiving expedited site review under the Voluntary
   Evaluation Program.
Program titles:
•  Mississippi Brownfields Program
•  Uncontrolled Sites  Program
•  Voluntary Evaluation Program
Liability Protection Provisions: Brownfields parties who
execute a Brownfields Agreement shall be relieved of liability
to all persons, including MDEQ (other than the United States)
for remediation of the  Brownfields Agreement site other than
the remediation required by the Brownfields Agreement, and
all costs reasonably related to the remediation other than the
remediation costs required by the Brownfields Agreement or
the regulations. For sites cleaned up to unrestricted levels, a
No Further Action letter is issued.
Uncontrolled Sites/VEP Program—For sites with
contamination left in place above unrestricted levels, a
Restrictive Use Agreed Order has the following  language:
(a) the staff of the Commission has evaluated this Restrictive
Use Agreed Order and believes once the requirements of it
have been completed that 1) the site will be protective of the
public health and the environment and 2) no further corrective
action will be required at this time; (b) for sites cleaned up to
unrestricted levels, a No Further Action letter is issued.
Financial incentives (grants, loans, tax provisions, etc.):
MDEQ conducts limited assessments (Phase I Environmental
Site Assessments (ESAs), limited Phase II ESAs) for eligible
entities (See federal Brownfields Law Subtitle A definition)
on a competitive basis. The Mississippi Brownfields Voluntary
Cleanup and Redevelopment Incentives Act contains a
number of financial incentives for property owners and local
governments to clean up and redevelop brownfield properties.
The legislation also provides additional financial assistance
to counties and municipalities. The Act expands eligible
projects for financial assistance under the Local Governments
Capital Improvements Revolving Loan Program under the
jurisdiction of the Mississippi Development Authority to include
remediation of brownfield sites.
Legislative or program site eligibility requirements: A
brownfields party must provide MDEQ with information
necessary to demonstrate that: 1) the proposed remediation
will result in a suitable use for the property  (as stated
in the application) and will protect public health and the
environment; 2) the party can obtain the financial, managerial,
and technical resources to complete the proposed
remediation and assure the safe use of the brownfield
property; 3) the current owner of the brownfield property is
an applicant or has given written approval for submission of
the application; 4) the brownfields party will comply with all
applicable procedural requirements; and 5) the brownfields
party will agree to pay for MDEQ oversight  costs.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such  as petroleum, dry cleaners,
abandoned drug labs, etc.):  MDEQ conducts limited
assessments for eligible entities on a competitive basis. There
is EPA funding to MDEQ for environmental assessments at
brownfield sites throughout the State of Mississippi under the
Targeted Brownfields Assessment Program.
The Brownfields Voluntary Cleanup and Redevelopment
Incentives Act expands eligible projects for financial
assistance under the Local Governments Capital
Improvements Revolving Loan Program to include remediation
of brownfield sites and cities and counties may apply for a low
interest loan through the Mississippi Development Authority
(MDA) to remediate a brownfield site.
Tax incentives (abatements, credits, etc.): The Brownfields
Voluntary Cleanup and Redevelopment Incentives Act
provides an income tax credit for a property owner equal to
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        State Brownfields and Voluntary Response Programs:

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Mississippi
25% of the costs of remediating a brownfield property, with
the annual credit capped at $40,000, and the total credit not
to exceed $150,000. Any unused portion of the tax credit
may  be carried over into succeeding tax years. In lieu of the
state income tax credit, the property owner may claim a job
tax credit for each  new employee created as a result of the
cleanup and redevelopment of a brownfield site.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
No information available

Program Elements

Technical Elements
Methods/standards/controls: The brownfields program
uses a three tiered risk-based approach to remediation.
Tier  1 evaluation compares site-specific data to a table of
chemical-specific Target Remediation Goals (TRGs).Tier2
provides the applicant the option of performing a more in-
depth evaluation of site-specific conditions to develop site-
specific  Remediation Goals (RGs).TierS  is a site-specific
risk assessment to evaluate the potential  human health and
ecological risks at  the site that will result in the development
of site-specific RGs. Institutional controls play a major role in
Tier 2 and Tier 3 assessments.
Contaminants covered/excluded: Asbestos, lead paint,
polychlorinated biphenyls (PCBs), and petroleum are covered.
Use  of long-term  stewardship and institutional controls
(1C):  The Uniform  Environmental Covenants Act (UECA),
Miss. Code Ann. §  89-23-1, et. seq. (Rev. 2008) is in  effect
for the purpose of  subjecting the site to the activity and use
limitations.
•  1C Tracking, Oversight, and Monitoring: The state tracks
   and monitors institutional controls with an online database
   located at http://list,brownfields,ms
The following Web address is a direct link to the state's public
database that maintains an inventory of sites,  maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.deq.state.ms.us/MDEQ.nsf/pdf/GARD
filelist/$File/Filelist.xls?OpenElement

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: On March 27,
2008, in a letter to  MDEQ, Region 4 EPA acknowledged that
MDEQ has demonstrated that the Mississippi  Brownfields
Program meets the requirements of the Comprehensive
Environmental Response Compensation and Liability Act
(CERCLA) section 128(a) for a State Response Program.
Under the existing  federal Brownfields Law, Congress
expressly provided a federal enforcement bar  under CERCLA
§106(a) or §107(a) to all landowners/developers who have
enrolled their brownfield site into the State Response
Program and who are successfully completing (or have
completed) the state prescribed remedial actions. This
bar on federal enforcement was Congress' method
of streamlining the administrative process, reducing
delay, and providing landowners/developers the
prerequisite regulatory clarity needed to undertake
brownfields redevelopment. Under the existing federal
brownfields law, Congress recognized the primacy of
state brownfield cleanup programs to both determine
cleanup standards for brownfield sites and confirm
when those cleanup standards have been successfully
achieved. With the issuance of this acknowledgement
letter, the partnership between  EPA and MDEQ is
further strengthened allowing for greater clarity and
less uncertainty in the assessment, cleanup, and reuse
of sites moving through the Mississippi Brownfields
Program.
Costs to enter program or fees for service: At the
time a Brownfields Agreement application is filed,
the applicant agrees to pay MDEQ all reasonable
and direct costs associated with the administration
of the application at the rate of $100/hour, and must
attach a $2,000 application fee. An applicant under the
Uncontrolled Sites VEP, must also agree to pay MDEQ
all reasonable and direct costs associated with the
administration of the application at the rate of $1007
hour.
Funding source for administrative costs and
staff: The Brownfields Cleanup and Redevelopment
Trust Fund pays for reasonable direct and indirect
costs associated with  the processing of the Brownfield
Agreement applications and the administration of
Brownfields Agreements. Money in the Uncontrolled
Site Evaluation Trust Fund shall be utilized to pay
reasonable direct and indirect costs associated with
the administration and evaluation of uncontrolled sites,
including, but not limited to, the reasonable costs of
reviewing plans, specifications, engineering reports,
and other documents  related to site assessments;
establishing cleanup levels; and preparing requirements
and guidance. For other cost not directly billable to a
VEP or brownfield site, MDEQ utilizes Section 128(a)
grant monies from EPA.

Cleanup Activities
Sites with active oversight under Uncontrolled
Sites/VEP/Brownfields:  178
Sites completed under Uncontrolled Sites/VEP/
Brownfields: 597
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): The VEP allows
accepted parties the opportunity to receive expedited
review of site information. The Brownfields Program
offers liability protection before cleanup (at the point
that a Brownfields Agreement is reached) eliminating
An Update from the States
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Mississippi
the need for a No Further Action letter typically used after
cleanup to unrestricted use. Also, under the existing federal
Brownfields Law, Congress expressly provided a federal
enforcement bar under CERCLA §106(a) or §107(a) to all
landowners/developers who have enrolled their brownfield
site into the State Brownfields Program and who  are
successfully completing (or have completed) the  state
prescribed remedial actions. Finally, the Brownfields Voluntary
Cleanup and Redevelopment Incentives Act provides an
income tax credit for a property owner equal to 25% of the
costs of remediating a brownfield property,  with the annual
credit capped  at $40,000, and the total credit  not to exceed
$150,000. Any unused portion of the tax credit may be carried
over into succeeding tax years. In lieu of the state income
tax credit, the  property owner may claim a job tax credit for
each new employee created as a result of the cleanup and
redevelopment of a brownfield site.

Public Participation
Public participation requirements (notice,  comment
periods, etc.): If the department and a brownfields party
reach a proposed agreement for the remediation of a
Brownfields Agreement site, MDEQ must publish a public
notice in a newspaper of general circulation in the county
or counties in  which the Brownfields Agreement site is
located. The public notice shall: 1) describe the proposed
agreement and site; 2) request public comment on the
proposed agreement; and 3) provide the date and location of
the commission's consideration of the proposed Brownfields
Agreement. A copy of the proposed Brownfields Agreement
shall be filed for public inspection.
Public participation activities (hearing, meetings,
etc.):  MDEQ  may conduct a public hearing on the proposed
Brownfields Agreement. MDEQ shall publish a notice of the
hearing in a newspaper of general circulation  in the county
or counties in  which the proposed Brownfields Agreement
site is located. MDEQ shall provide to the commission for
review before  its consideration of the proposed Brownfields
Agreement all public comments and the transcript of any
public hearing on the proposed Brownfields Agreement.

Statutory Authorities
•  Brownfields Voluntary Cleanup and Redevelopment Act
   (Miss. Code §49-35-1).
•  Uncontrolled Site Voluntary Evaluation Trust Fund (Miss.
   Code §17-17-54).
•  Mississippi Air and Water Pollution Control Law (Miss.
   Code §49-17-29 & §49-17-43).
•  Solid Waste Disposal Law (Miss. Code §17-17-17 & §17-
   17-27(8)).
•  Uniform Environmental Covenants Act ("UECA") - (Miss.
   Code §89-23-1)
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State Brownfields and Voluntary Response Programs:

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North  Carolina
 GfenerafOnformafion

   Contact: Bruce Nicholson
           Brownfields Program Manager

           Charlotte Jesneck
           Inactive Hazardous Sites Branch Head

           North Carolina Department of Environment
           and Natural Resources (DENR)
           Special Remediation Branch/Superfund
           Section

  Address: North Carolina Division of Waste
           Management
           401 Oberlin Road, Suite 150
           Raleigh, NC 27605

    Phone: 9195088400

       Fax: 9197154061

     Email: bruce.nicholson@ncmail.net
           charlotte.jesneck@ncmail.net

  Web site: Brownfields: http://www.ncbrownfields.org/
           VCP: www.wastenotnc.org/sfhome/
           ihsbrnch.htm
Program Description
(VCP, brownfields, or related)
North Carolina has both a Voluntary Cleanup Program (VCP)
and a Brownfields Program and makes a distinction between
them by the type of party that is conducting the work. The
state's public policy calls for allowing the extra benefits
associated with participation in the Brownfields Program only
to non-causative parties. In this way, these sites are truly
abandoned sites being addressed by developers that need
liability protection to obtain financing for brick and mortar
redevelopment projects. Responsible parties cannot receive
these benefits, but can conduct cleanups under a different
statute within the  state's VCP.
The Brownfields Program (1997) operates  under the
Brownfields Property Reuse Act of 1997. The Program
provides prospective developers (PDs), who are non-
causative parties, liability protection under  a brownfields
agreement in the form of a Covenant Not To Sue (CNTS),
contingent on completion of cleanup and/or safe-making
actions in the brownfields agreement. Cleanups are risk-
based and designed to ensure safe reuse of the property and
include institutional controls such  as land use restrictions.
A PD must certify that it did  not cause or contribute to site
contamination. The property must be abandoned, idled, or
underused and must have real or perceived contamination
that hinders redevelopment. It cannot be a National
Priorities List (NPL) site. The project must be a bona
fide redevelopment with public benefits (e.g., jobs,
quality of life, tax base) commensurate with liability
protection provided by the brownfields agreement.
The VCP operates under the Inactive Hazardous Sites
Response Act of 1987. Responsible parties (or any
other parties for that matter) are eligible for cleanup
actions under this program. The VCP offers No Further
Action letters at the completion of work. Cleanups to
levels other than unrestricted use concentrations can
apply for soils not posing a threat to ground water
if they are accompanied with land use restrictions.
Ground water must be restored to state ground water
standards if it is technically practicable to do so. In
such cases, land use restrictions would be required
along with possibly other controls to prevent exposure.
Lower priority voluntary actions are addressed by the
Inactive  Hazardous Sites Branch's (IHSB) Registered
Environmental Consultant (REC) Program. In the REC
Program, the remediating party is required to hire an
approved REC and enter into an agreement with the
IHSB. The REC then performs and certifies that the
remedial action has been performed in accordance with
state law (privatized oversight). Remediating parties at
sites having a high potential for exposure, contaminated
sensitive environments, or significant public concern or
interest may still perform a voluntary remedial action.
However this work is directly overseen and approved by
the IHSB.
Brownfields definition: An abandoned, idled, or
underused property where the threat of environmental
contamination has hindered its redevelopment. This
definition is applicable for the requirements of the
Brownfields Program above only.
Program titles:
•  Brownfields Program
•  Inactive Hazardous Sites Voluntary Cleanup
   Program
Liability relief provisions: A brownfields  agreement
provided by the Brownfields Program is designed
to break barriers to obtaining financing at lending
institutions through the CNTS contained within.
Financial incentives (grants, loans, tax provisions,
etc.):  North Carolina has a brownfields tax incentive
that applies to those who obtain brownfields
agreements from the DENR (i.e., non-causative parties
only). The holder of a brownfields agreement statutorily
receives local property tax relief upon completion of
improvements to the brownfield property. The value  of
such improvements is excluded from future property
taxes for five years at a rate of 90% exclusion in the  first
year, gradually decreasing to a 10% exclusion in year
five.
An Update from the States
                                                    65

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North  Carolina
Legislative or program site eligibility requirements:
While any party may enter the state's VCP, the Brownfields
Program and its specific benefits are statutorily restricted to
non-causative prospective developers desiring to redevelop
the brownfield property. The redevelopment project must be
shown to have public benefit (e.g., jobs, tax base, community
quality of life, greenspace) commensurate with the  liability
relief provided. An eligible prospective developer must be in
substantial compliance with rules and  regulations regarding
environmental protection.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):  Assessment and cleanup
are funded by the brownfield applicant in the  Brownfield
Program and by the remediating party in the VCP. Note
that the Inactive Hazardous Sites Program has  a separate
program for addressing non-permitted landfills that closed
prior to 1983. A waste disposal tax funds the  assessment
and mitigation of these sites. The state contracts this work.
Local  governments can also perform the assessment and
get reimbursed if  conducted under a plan approved by the
Inactive Hazardous  Sites Program. The state also has a
program to address dry cleaning solvent releases.  For those
that qualify, the state funds the assessment and cleanup
through a sales tax on dry cleaning.
Tax incentives (abatements, credits, etc.):  2000 legislation
authorized sliding scale of  property tax abatements
for increased value of sites being redeveloped under a
brownfields agreement (90% for year one, down to  10% in
year five), effective July 1, 2001.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available

Program Elements

Technical Elements
Methods/standards/controls: Under the Brownfields
Program, because the program only works with non-causative
prospective developers, site cleanup is required only to the
extent necessary to make the site safe for intended reuse
or the permanence of the agreement is threatened by
uncontrolled migration of contaminants. Site-specific risk-
based cleanup standards and land use restrictions  are used.
Under the VCP, site-specific risk-based standards can  be
used at VCP sites for soils where the remedy includes land
use restrictions and the soils are not a source of ground water
contamination that could practicably be treated  or removed.
Ground water cleanup under the VCP  must meet state
ground water standards unless a demonstration is  made and
approved that cleanup is technically impracticable.
Contaminants covered/excluded: Sites with exclusively
petroleum hydrocarbon contamination from Underground
Storage Tanks (USTs) are ineligible for the Brownfields
Program. Otherwise, all soil and ground water contaminants
are OK, including those with comingled UST contamination.
The VCP addresses only non-petroleum hazardous
substance and pollutant contamination.
Use of long-term stewardship and institutional controls
(1C): The North Carolina brownfields process assumes
that land use restrictions (LURs) will be an integral part of
all brownfields agreements where site specific LURs are
developed to coordinate with design footprints and run with
the land. Annual LUR compliance updates are required by all
brownfields agreements. Violation of a LUR is a reopenerthat
subjects the violating party to complete cleanup of the site to
state environmental standards.
Under the VCP, LURs can be used in relation to restricted use
soil remedies, ground water contamination that is deemed
impracticable to correct, and where they may otherwise be
a necessary part of a remedy. Perpetual reporting on the
restrictive covenants is a requirement that runs with the land.
The VCP does have reopeners if the Branch finds that false
or incomplete information was provided on the site or if there
is a violation of the restrictive covenants.
   • 1C Tracking: For the Inactive Hazardous Sites Program,
     sites with LURs are tracked in a database.
   • 1C Oversight: In the Inactive Hazardous Sites
     Program, LURs are part of the Remedial Action Plan
     (RAP). The RAP is approved by staff or an REG.
   • 1C Monitoring: For both the VCP and the Brownfields
     Program, owners must submit an annual certification
     that LURs are still in place and that the owner is in
     compliance with their requirements.
The following Web address is a direct link to the state's public
database that maintains an  inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www,ncbrownfields, org/project  inventory.asp

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: Under the
Brownfields Program, PDs pay a $2,000 fee for a brownfields
agreement. Funds remain in a non-reverting account for
the program to use to defray its costs. Under the VCP,
remediating parties must pay a $500 fee if they want a written
No Further Action letter. If the voluntary action is addressed
through the REC Program, the remediating party pays an
annual adjustable fee to provide for a state auditor/educator/
enforcer of this privatized part of the program.
Funding source for administrative costs and staff: The
Brownfields Program is funded through a CERCLA 128(a)
State and Tribal Response Program Grant  (Response
66
        State Brownfields and Voluntary Response Programs:

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North Carolina
Program Grant) cooperative agreement and also through
its $2,000 fee. The VCP is funded mostly through fees paid
by remediators under the REC Program. Voluntary cleanup
oversight staff are also funded by state appropriations,
federal grants, and a coalition of responsible parties at former
manufactured gas plant sites.

Cleanup Activities
Sites currently in VCP:  Under the Brownfields Program,
there are 112 sites. Redevelopment projects include
manufacturing, commercial, residential, mixed commercial/
residential, and greenspace uses. Approximately one third
of these sites are in rural settings. All of these sites were
initiated by prospective developers applying for entry into the
Brownfields Program.
Under the VCP, currently 153 sites have approved voluntary
assessments and/or cleanups underway.
Sites Completed under VCP: Under the Brownfields
Program, 52 brownfields agreements have been completed
and 60 are in the pipeline. These projects, facilitated
by brownfields agreements, represent approximately
$1,000,000,000 in committed private investment in
brownfields redevelopment.
A current total of 451 sites have completed all work and
been assigned No Further Action status under the Inactive
Hazardous Sites Program.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):  The public policy of restricting the
Brownfields Program to non-causative parties allows greater
public benefits to be provided to these redeveloping entities,
thereby encouraging an additional set of cleanups  above
and beyond what is possible under the VCP. Benefits to
PDs include site-specific risk-based cleanups designed
for safe reuse of the site rather than meeting current state
environmental standards that responsible parties are required
to meet. This typically results in ground water use restrictions
for the  PD. For the PD, this holds considerable savings over
more active remedial action, and also reserves the state's
right to enforce against viable responsible parties for further
action. PDs also receive the property tax incentive.  Perhaps
most importantly, they receive strong liability protection under
the brownfields agreement's CNTS. Such agreements now
have a track record of facilitating project redevelopment  loans.
For parties conducting  remedial actions under the VCP,
cleanup costs are capped at $3 million per responsible party.

Public Participation
Public participation requirements (notice, comment
periods, etc.): The Brownfields Program requires that the
PD establish that there is public benefit with the project that is
commensurate with the liability relief provided. One manner
in which to establish this is through letters from the public
or neighborhood groups. Statutory public notice requires
that a summary of the brownfields agreement must
be posted on the brownfield property, advertised in a
local newspaper,  and published in the state register.
Brownfields agreement documents must be made
available at a local repository and at the Brownfields
Program public files. There is a statutory minimum
60-day public comment period on every brownfields
agreement. Under the VCP, there are 30-day public
notice periods for both the agreement and the remedial
action plan.
Public participation activities (hearing, meetings,
etc.): Under the Brownfields  Program, the public may
request a public meeting within the first 30 days of the
public comment period. The program reports that no
public meetings have been requested. Public comments
are rare, and, when received, have been universally
supportive. Under the VCP, public participation activities
beyond notice can include public  meetings, establishing
local file information repositories, meetings with local
community groups, fact sheet distribution and such.

Statutory Authorities
•  Brownfields Program: The Brownfields Property
   Reuse Act of 1997, NCGS §§130A-310.30 through
   310.40.
•  Voluntary Cleanup Program: The North Carolina
   Inactive Hazardous Sites  Response Act of 1987
   (NCGS §§130A-310.1 through 310.13).
An Update from the States
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South  Carolina
 GfenerafOnformation

   Contact: Robert Hodges, Brownfields Coordinator

  Address: South Carolina Department of Health and
           Environmental Control (DHEC)
           Bureau of Land and Waste Management

           2600 Bull Street
           Columbia, SC 29201

    Phone: 803 896 4069

       Fax: 803 896 4001

     Email: hodgesrf@dhec.sc.gov

  Web site: http://www.scdhec.net/environment/lwm/HTMU
           brownfields.htm
Program Description
(VCP, brownfields, or related)
South Carolina's Voluntary Cleanup Program (VCP),
established in 1988, is a component of the hazardous
substance cleanup program. In 1995,  South Carolina's
VCP was expanded and enhanced to incorporate a
brownfields component. All sites are eligible to participate
with the exception of National Priorities List (NPL) sites,
and parties under enforcement action or permits. Incentives
for participation include Covenants Not to Sue (CNTS) for
successful completion of work for responsible parties (RPs)
and CNTS for existing contamination, contribution protection,
and third party liability protection for non-responsible parties
(non-RPs). This protection may be transferred to future
owners and operators as long as they are able to certify that
they are non-RPs for the site. Financial incentives are also
available for non-RPs who participate in the VCP.
The state's brownfields program is included in the VCP, and
is the non-RP portion of the VCP. Criteria for inclusion are
the same as those under the voluntary program. Cleanup
standards are also identical to those of the VCP, although
non-RPs are  not necessarily required to remediate sites
to the extent that RPs must. Non-RPs are required to take
reasonable steps to stop continuing releases and to clean
up the property for its intended future  use. Incentives for
participation in the program are the same as those listed for
the VCP above.
Brownfield definition: Brownfields are real property,
the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a
contaminant, petroleum, or a petroleum product.
Program titles: Brownfields/Voluntary Cleanup Program.
Liability relief provisions: The VCP provides covenant not
to sue for existing contamination, contribution protection, and
third party liability protection for non-RPs.
Financial incentives (grants, loans, tax provisions, etc.):
In 2002 and 2008, the South Carolina legislature passed
financial incentives to encourage brownfields redevelopment
as amendments to the South Carolina Tax Code.
•  If a non-RP makes a minimum investment of at least
   $1,000,000 in a brownfield property (includes assessment
   and/or cleanup conducted pursuant to VCP), the developer
   is eligible for fees in lieu of property taxes.
•  $1,000 annual credit for each new, qualifying job created
   on a brownfield site completed by a non-RP through
   a voluntary cleanup contract, in addition to the current
   credits.
•  With county concurrence, five-year property tax exemption
   at brownfield sites at which  a cleanup has been performed
   by a non-RP through a voluntary cleanup contract and
   certified complete by DHEC.
•  Taxpayer income tax credit for expenses paid and accrued
   by a non-RP performing a voluntary cleanup—lesser
   of 50% or $50,000 in a taxable year (unused credit up
   to $100,000 may be carried forward for five years). An
   additional credit of 10% of cleanup costs (not to exceed
   $50,000) is allowed in the year that the cleanup is certified.
•  Through an EPA grant, DHEC administers a Brownfields
   Cleanup Revolving Loan Fund (RLF) of $4,250,000,
   which offers low interest loans to non-RPs for removal of
   contamination  at brownfields redevelopment projects in the
   VCP.
•  DHEC can perform a limited number of Site Specific
   Assessments of selected and EPA approved sites that are
   publicly owned or have strong local government support
   for redevelopment.
Legislative or program site eligibility requirements:
The eligibility requirements are set forth in the South Carolina
Hazardous Waste Management Act, Article 7—Brownfields/
Voluntary Cleanup Program, South Carolina Code of Laws,
Section 44-56-710 et. seq.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):  For brownfield sites, DHEC
has some funding available through its EPA grant to perform
Site Specific Assessments. Also, DHEC administers a
Brownfields Cleanup RLF. This financial assistance for
assessment and removal is outlined  in financial incentives
above.
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       State Brownfields and Voluntary Response Programs:

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South  Carolina
The South Carolina General Assembly created the Dry
Cleaning Restoration Trust Fund (DCRTF) in 1995. The
DCRTF money is collected from participating dry cleaners
through annual fees, solvent surcharges, and special add-on
sales taxes. All DCRTF assessment and remediation activities
are performed by DHEC and are subject to a priority score
assigned to the site; the fund can not be used to pay for work
unless the work is approved by the Department through the
Drycleaning Restoration Program. Depending on the solvent
type and the years of operation, some currently operating
dry cleaning plants were allowed to opt out of participation in
the Fund. The DCRTF can only be used at participating dry
cleaning plants that meet specific eligibility criteria specified
by law. Eligibility for the Fund transfers with the property. The
fund may be used at former dry cleaning plants only if all RPs
have participated in the Fund for all of their operating plants.
Lower priority sites may be redeveloped as long as DHEC is
granted access to the site in the future for assessment and
remediation once they become a priority.
South Carolina created two state funds to assist owners and
operators in meeting their financial obligations to address
petroleum releases from Underground Storage Tanks (USTs).
The State Underground Petroleum Environmental Response
Bank (SUPERB) fund is used for the usual and customary
costs for site rehabilitation of releases. The SUPERB
Financial Responsibility fund is used for compensating
third parties for actual costs for injury and property damage
caused by a petroleum release. The funding source is a
half-cent per gallon environmental impact fee assessed
on petroleum. The maximum payout from the state fund is
$1,000,000 per occurrence, and a deductible of $25,000 must
be met before the state fund can be used. All releases must
be qualified to receive state funds, and state statute requires
that all costs for site rehabilitation receive prior approval from
the UST program and work be performed by a state certified
contractor.
Tax incentives (abatements, credits, etc.): For brownfields
sites, financial incentives  are available for non-RPs who have
entered into the VCR Those incentives include:
•  State income tax credit for expenses incurred by a
   taxpayer in cleaning up a site.
•  Jobs tax credit in the amount of an additional $1,000 to
   established job tax credit.
•  Property tax exemption, with county concurrence.
•  Fees in lieu of  property taxes, with a $1,000,000 threshold
   minimum.
Other forms of support  (environmental insurance,
brownfields redevelopment authorities, etc.): None
Program Elements

Technical Elements
Methods/standards/controls: No formal Risk-Based
Corrective Action (RBCA) process is in place for
hazardous substances; state generally uses the "EPA
Regional Screening Levels for Chemical Contaminants
at Superfund Sites" as remedial goals. Applicants can
use Preliminary Remediation Goals (PRG) and Soil
Screening Levels (SSL), background concentrations,
and site-specific concentrations based on a site-specific
risk assessment
The UST program uses a risk-based process in making
decisions concerning corrective action for releases
of petroleum products from regulated USTs. The
requirements for the RBCA process are established by
state statute and regulations.
Contaminants covered/excluded: Under South
Carolina's Brownfields/VCP law, hazardous substances,
contaminants and pollutants, and petroleum and
petroleum products are addressed. Asbestos and
lead-based  paint can be addressed if there is an
environmental exposure. Polychlorinated biphenyls
(PCBs) are  included as hazardous substances.
Petroleum is addressed through the VCP or the
UST program, depending on the source of the
contamination.
Use of long-term stewardship and institutional
controls (1C): South Carolina has a long-term
stewardship (LTS) program for its state voluntary,
brownfields, state remediation,  and Resource
Conservation and Recovery Act (RCRA) programs.
Sites where institutional controls have been
implemented under the Brownfields Program are
required to certify compliance with the Restrictive
Covenant every year. DHEC performs inspections to
ensure compliance with the Restrictive Covenant, as
needed. The Restrictive Covenant clearly delineates
the  restrictions  placed on the property and is noticed
on the deed. Brownfields/VCP sites that are worked on
during each year and that have determined land use
controls are so  noted on the Public Record available
at: http://www.scdhec.net/environment/lwm/Databases/
Public%20Record/public  record.htm
  •  1C Tracking: South Carolina maintains a
     database that tracks institutional controls at
     cleanup sites.
  •  1C Oversight: Parties owning sites that are not
     cleaned up for unrestricted  use as determined
     by comparison to the "EPA  Regional Screening
     Levels for Chemical Contaminants at Superfund
     Sites" must enter into a Restrictive Covenant with
     DHEC.
An Update from the States
                                                    69

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South  Carolina
   •  1C Monitoring: DHEC monitors compliance with
     Restrictive Covenants by annual certifications and by
     performing inspections.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.scdhec.net/environment/lwm/Databases/
Public%20Record/public record.htm

Management & Implementation Elements
Voluntary Cleanup Program  MOA with EPA: No
Costs to enter program or fees for service: There is no
application fee to enter into the VCP; however, private party
RPs  and non-RPs  must pay oversight costs. DHEC provides
oversight without charge to governmental entities and
nonprofit agencies as long as sufficient funding is  available
through  EPA's 128(a) State and Tribal Response Program
grant.
Funding source for administrative costs and staff: State
oversight costs are funded by participants in the VCP.
Additionally, funding is provided by EPA through its
Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) 128(a)  State and Tribal Response
Program Grant to South Carolina. No state appropriated
funds are available.

Cleanup Activities
Sites currently in VCP: South Carolina keeps a list of the
sites currently in the VCP.
Sites completed under VCP: South Carolina keeps a list of
the sites that have completed cleanup under the VCR
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): The protections provided by participating
in the VCP, as well as the financial incentives, are  outlined
above. In addition,  the state  has seen much benefit from its
brownfields redevelopment program,  in that 174 properties
have been or are being redeveloped as of December 31,
2008. These redevelopments include greenspace, housing
developments, industrial, and mixed use (i.e., commercial,
residential, and greenspace) developments with the primary
redeveloped use as commercial.
Public Participation
Public participation requirements (notice, comment
periods, etc.): To provide notice to and an opportunity
for community involvement, the following components are
included for public participation:
•  Notify citizens of proposed contract by placing a notice
   of the Department's decision to enter into a voluntary
   cleanup contract in the local newspaper and on DHEC's
   Web site.
•  Hold a 30-day public comment period on the contract that
   would begin on the date the notice is in newspaper.
Public participation activities (hearing, meetings, etc.):
The following components are also included for public
participation:
•  Hold a public meeting, if requested or deemed necessary.
•  Non-RP  must post a sign on the site stating: contact name,
   address, and telephone number.

Statutory Authorities
The Hazardous Waste Management Act, South Carolina
Code Ann. §44-56-10 et seq., establishes  general
enforcement authority, a cleanup fund, and provisions
governing contaminated property transfer. Article 7 of the
statute establishes the brownfields and voluntary cleanup
programs. Article 4 is the Dry Cleaning Facility Restoration
Trust Fund.  It provides authority for a cleanup fund and
a priority list. Requirements for the management of LIST
systems are established by the State Underground Petroleum
Environmental Response Bank Act (§ 44-2-10) and South
Carolina Underground Storage Tank Control Regulations
(SCUSTCR)R.61.92.
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        State Brownfields and Voluntary Response Programs:

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Tennessee
 (genera fOnformation
   Contact: Andy Shivas
  Address: Tennessee Department of Environment and
           Conservation (TDEC)
           4th Floor, L&C Annex
           401 Church Street
           Nashville, TN 37243-1538
    Phone: 6155320912
       Fax: 615 532 0938
     Email: Andy.Shivas@tn.gov
  Web site: http://www.state.tn.us/environment/dor/voap//
   Toolbox: htto://www,state,tn,us/environment/dor/toolbox/
Program Description
(VCP, brownfields, or related)
Brownfields definition: Any abandoned, idle, underutilized,
or other property whose reuse, growth, enhancement or
redevelopment is complicated by real or perceived adverse
environmental conditions.
Program titles: Voluntary Cleanup Oversight and Assistance
Program (VOAP)
Liability relief provisions:  Participants can receive a No
Further Action (NFA) letter and release of liability under any
statute administered by TDEC for investigation, remediation,
monitoring, and/or maintenance of contamination identified
and addressed in  a voluntary agreement or consent order.
With certain conditions and limitations, liability protection  may
extend to successors in interest or in title to the participant,
contractors conducting response actions at the site,
developers, future owners, tenants, and lenders, fiduciaries,
or insurers. Third party contribution protection may be
provided if certain notice requirements are met.
Financial incentives (grants, loans, tax provisions, etc.):
• Dry Cleaning Environmental Response Program Trust
  Fund (DCERPTF)—Can possibly be used to clean up
  eligible active and abandoned dry cleaning sites. In order
  to utilize the fund, fees, and deductibles are required by
  program participants.
• Tax Increment  Financing  (TIF)—Can be  used by local
  governments that have jurisdiction over any part of a
  brownfields project.
• Federal Funds—Grants or loans from federal funds
  available to TDEC and any state funds used as a match
  to obtain federal funds in  certain cases may be used
  by municipalities, counties, and/or other governmental
  instrumentalities to assess and clean up sites.
Legislative or program site eligibility
requirements: By statute, parties that did not
release, generate, or transport contamination to be
addressed may enter into a voluntary agreement. While
responsible parties (RPs) are not eligible to enter into
voluntary cleanup agreements, they may enter into
consent orders to conduct voluntary cleanups. Sites
on or proposed for listing on the federal Superfund
program's National Priorities List (NPL) may not be
subject to a voluntary cleanup agreement or consent
order without the concurrence of EPA.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs,
etc.): DCERPTF can be used to clean up eligible active
and abandoned dry cleaning sites provided that the
applicant pays all delinquent DCERP fees. A solvent
surcharge paid by dry cleaners and suppliers and an
annual business registration fee are the significant
sources of funding.
Federal Funds—By  statute, parties that  did not
release, generate, or transport contamination to be
addressed may enter into a voluntary agreement. While
responsible parties (RPs) are not eligible to enter into
voluntary cleanup agreements, they may enter into
consent orders to conduct voluntary cleanups. Sites
on or proposed for listing on the federal Superfund
program's National Priorities List (NPL) may not be
subject to a voluntary cleanup agreement or consent
order without the concurrence of EPA.
Tax incentives (abatements, credits, etc.):  Tax
increment financing (TIF) can be used by local
governments that have jurisdiction over any part of a
brownfields project.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available

Program Elements

Technical Elements
Methods/standards/controls:  EPA Region 9
Preliminary Remediation Goals (PRGs) are used for
initial screening. The  criteria for selecting containment
and cleanup actions,  including monitoring and
maintenance options to be followed under the VOAP,
are identical to those under the hazardous substance
cleanup program. No formal Risk-Based Corrective
Action (RBCA) or comparable informal process is in
place, but risk-based cleanups can be done via site-
An Update from the States
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Tennessee
specific assessment with standards based on risk. Applicants
can also request or develop standards based on future use.
Contaminants covered/excluded: Petroleum, asbestos,
and polychlorinated biphenyls (PCBs) are covered. Lead
paint is covered if other hazardous substances are present.
Statute covers hazardous substances, solid waste, or any
other pollutant.
Use of long-term stewardship and institutional controls
(1C): Tennessee has a long-term stewardship program for
voluntary sites. The 2001 amendments to the VOAP allow for
enforceable land-use restrictions.
   •  1C Tracking: Tennessee does have a tracking system
     for institutional controls.
   •  1C Oversight and Monitoring: The state reviews sites
     on a site-specific basis at  least every five years. The
     results of the  reviews are available to the public.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information  regarding contaminated sites in the
state.
http://www,state, tn, us/environment/dor/pdf/promsite,pdf

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service:  Participants
are charged  a $750 entry fee. Additional fees are charged
per report or work product: Site Characterization—$2,000;
Remedial Action—$2,500; Risk Assessment—$2,000;
Voluntary Agreement or Consent Order—$3,000; Site
Specific Ground Water Classification—$2,000; Remedy
Requirement Institutional Controls—$500.
Additionally, participants are charged a $3,000 annual
assessment  if they remain in the program longer than one
year.
Funding source for administrative costs and staff:  The
VOAP receives funding from federal cooperative agreements,
the state general fund, and the state cleanup fund. Certain
oversight costs are recovered from participants.

Cleanup Activities
Sites currently in VCP:  161 enrolled in the VOAP.
Sites completed under VCP: 94 sites have received No
Further Action letters.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Parties successfully completing the
program are  afforded liability protection  under all statutes
contamination addressed in a consent order or voluntary
agreement. Additionally, parties  may be eligible for third party
contribution protection provided  they conduct appropriate
actual or constructive notice.
Public Participation
Public participation requirements (notice, comment
periods, etc.): Upon entering into a voluntary agreement or
consent order, participants are required by statute to notify
all local governments having jurisdiction over any part of the
subject property and all owners of adjoining properties by
certified mail. If it is determined that a land use restriction is
appropriate, a notice of land use restrictions must be mailed
to all local governments having jurisdiction over any part of
the subject property and to all owners of adjoining properties.
Furthermore,  if a participant desires to receive third party
contribution protection, a notice summarizing the agreement
must be published in a newspaper.  In addition, a 30-day
comment period must be provided for any interested party to
respond.
Public participation activities (hearing, meetings,
etc.):  Public hearings and meetings occur on an ad hoc
basis.

Statutory Authorities
For details visit: http://www,state,tn,us/environment/dor/pdf/
voap  statute.pdf
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        State Brownfields and Voluntary Response Programs:

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Illinois
 (genera fOnformation
   Contact: Heather Nifong

  Address: Bureau of Land, Illinois Environmental
           Protection Agency (IEPA)
           1021 North Grand Avenue East
           Springfield, IL 62794-9276

    Phone: 2177859407

       Fax:217-557-4231

     Email: Heather.Nifong@illinois.gov
  Web site: http://www.epa.state.il.us/land/cleanup-
           programs/
Program Description
(VCP, brownfields, or related)
Brownfields definition: Illinois defines a brownfield site or
brownfields to be a parcel of real property, or a portion of the
parcel, that has actual or perceived contamination and an
active potential for redevelopment. Environmental Protection
Act, Title 17,  Section 58.2.
Program titles:
•  Site Remediation Program (SRP) (1989, revised 1996) -
   Offers No  Further Remediation (NFR) letter after cleanup
   meets the risk-based Tiered Approach to Correction Action
   Objectives (TACO)
•  LUST Section - NFR letter
•  Permit Section-Corrective Action  Unit - No Further Action
   (NFA) letter
Liability relief provisions:
•  Site Remediation Program (SRP) (1989, revised
   1996)—Offers No Further Remediation (NFR) letter
   after cleanup meets the risk-based Tiered Approach to
   Correction Action Objectives (TACO)
•  LUST Section—NFR letter
•  Permit Section-Corrective Action  Unit—No Further Action
   (NFA) letter
Financial incentives (grants, loans, tax provisions, etc.):
•  Municipal  Brownfields Redevelopment Grant Program
•  Brownfields Cleanup Revolving Loan Fund
•  Bank Participation Loan Program (Chicago)
Legislative or program site eligibility requirements:
Generally any site not required to clean up under any
other program (e.g., Resource Conservation and Recovery
Act (RCRA),  Superfund) is eligible for the Illinois Site
Remediation  Program.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs,
etc.):
•  Municipal Brownfields Redevelopment Grant
   Program offers municipalities grants of up
   to $240,000 for investigation and cleanup of
   brownfields. Sites must be enrolled in the Site
   Remediation Program and investigation/cleanup
   activities must be approved. The grant has a 70/30
   match requirement.
•  Brownfields Cleanup Revolving Loan Fund
   offers stipulated loans up to $425,000 per site
   to municipalities to clean up former industrial
   commercial or industrial sites. Sites must be
   enrolled in the Site Remediation Program and
   investigation/cleanup activities must be approved.
   Municipality must own the site.
•  Bank Participation Loan Program (in Chicago) offers
   up to $250,000 or $350,000 for commercial and
   industrial loans (respectively) that are matched by
   banks at 75% of prime rate, for terms from three to
   15 years.
Tax incentives (abatements, credits, etc.): No
information available
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  No
information available

Program Elements

Technical Elements
Methods/standards/controls:
•  Under TACO, applicant has a choice of cleanup
   standards.  Remediation objectives generated by
   TACO  are risk-based, site-specific, and derived from
   Risk-Based Corrective Action (RBCA) and EPA Soil
   Screening Levels (SSLs).
•  The state uses background levels, water quality
   criteria, Maximum Contamination Level/Maximum
   Contamination Level Goals (MCLs/MCLGs), ground
   water standards, soil standards, and land use based
   standards to establish cleanup objectives. In Tier
   1 of TACO,  site evaluators compare site sample
   analytical results to baseline remediation objectives,
   contained in "look-up" tables. These objectives
   are based on simple, conservative models. In Tier
   2, site evaluators take into account the physical
   and chemical properties of the contaminants, site-
   specific soil and ground water parameters, and
An Update from the States
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Illinois
   the application of institutional controls and engineered
   barriers. Tier 3 is used to address those situations that site
   evaluators choose not to handle or cannot handle under
   the first two tiers. These situations can range from simple
   sites where physical barriers limit remediation, to complex
   sites where full-scale risk assessments or alternative
   modeling  are applied. Cleanup standards are based on
   relative risks to human  health  with a 10-6 carcinogenic
   risk goal.
•  The state uses deed restrictions and NFR letters as
   institutional  controls to ensure that specified  land uses are
   maintained  in the future.
Contaminants covered/excluded:  Petroleum and all
hazardous substances are included. Institutional controls
allowed under TACO and may include engineered barriers,
ground water restrictions, highway authority agreements, and
land-use restrictions.
Use of long-term stewardship and institutional controls
(1C): Illinois assures the maintenance of land use controls
through title searches, physical site inspections, and
enforcement of any identified violations under the terms and
conditions of the No Further Remediation letter.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://epadata.epa.state.il.us/land/srp/

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: April 1995
Costs to enter program or fees for service:  User fees
based on personnel costs, overhead, travel,  lab costs, etc.
Fees on hazardous waste treatment/disposal fund state
participation.
Funding source for administrative costs and staff:
•  The IEPA, Bureau of Land, Division of Remedial
   Management administers the state brownfields and
   cleanup programs.
•  The Site Remediation Program is funded through applicant
   user fees. Other remedial activities are funded through
   cost recovery actions, the solid waste tipping fees, and
   federal funding.

Cleanup Activities
Sites currently in VCP: 959 sites as of August 10, 2009 are
in pursuit of completion letters.
Sites completed under VCP: Since 1989, 3,923 Voluntary
Cleanup Program (VCP) enrollments and 2,565 completion
letters issued. In 2008, 243 sites  enrolled; 275 completion
letters issued.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): No information available

Public Participation
Public participation requirements (notice, comment
periods, etc.): The Site Remediation Program requires
public participation at sites intended for use as schools.
Public participation at other sites is recommended on an ad
hoc basis.
Public participation activities (hearing, meetings, etc.):
No information available.

Statutory Authorities
• The Environmental Protection Act, Title XVIII §58 (1970,
  amended every year from 1983, 1993, and 1995, 1996),
  establishes the Hazardous Waste Fund for state site
  cleanups and provides for enforcement, contaminated
  property transfer, and voluntary cleanups.
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        State Brownfields and Voluntary Response Programs:

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Indiana
 GfenerafOnformafion
  Contact: Michele Oertel
           EPA/Community Liaison & Outreach Coordinator
           Indiana Brownfields Program
  Address: Indiana Brownfields Program
           1 DON. Senate Ave., Rm 1275
           Indianapolis, IN 46204
           Voluntary Remediation Program
           Office of Land Quality, Indiana Department of
           Environmental Management (IDEM)
           P.O. Box 6015
           Indianapolis, IN 46206-6015
   Phone: Indiana Brownfields Program:
           3172340235
           IDEM Voluntary Remediation Program:
           3172340966
      Fax: Indiana Brownfields Program: 317234 1338
           Voluntary Remediation Program:
           3172340428
    Email: moertel@ifa.in.gov
           raharris® idem.in.gov
  Web site: Indiana Brownfields Program http://www,
           brownfields.IN.gov
           IDEM Voluntary Remediation Program http://
           www. in. aov/idem/Droarams/land/vrp/index
Program Description
(VCP, brownfields, or related)
Brownfields definition: Indiana defines in statute a
brownfield site as a parcel of real estate that:
•  Is abandoned or inactive; or
•  May not be operated at its appropriate use; and
•  On which expansion, redevelopment, or reuse is
   complicated because of the presence or potential
   presence of a hazardous substance, a contaminant,
   petroleum, or a petroleum product that poses a risk to
   human health and the environment.
Program titles:
•  Indiana Brownfields Program (1997, 2005)—Mechanism
   for state to partner with communities to promote cleanup
   and redevelopment. The main goal is to help communities
   identify and mitigate environmental barriers that impede
   local economic growth by offering government assistance
   for the assessment, cleanup, and redevelopment or reuse
   of brownfield properties to revitalize communities. In 2005,
   the program was restructured under the Indiana Finance
   Authority (IFA) combining financial, legal, and technical
   resources/staff.
•  IDEM Voluntary Remediation Program (VRP)
   (1993)—Main goal is to provide government
   approval for privately funded remediation projects,
   some of which may be considered brownfields.
Liability relief provisions:
Indiana Brownfields Program offers Comfort Letters
and Site Status Letters to address environmental
liability issues; highest forms of "comfort" or "closure"
offered at this time. Sites remediated with federal or
state brownfield funds  may enter the IDEM VRP for a
Certificate of Completion (COG) or Covenant Not to
Sue (CNTS).
IDEM VRP offers highest form  of liability protection
through a COG issued by IDEM, followed by a CNTS
from governor's office;  contaminated sites that are
not subject to enforcement action or considered an
imminent threat to human health may participate.
Financial incentives (grants, loans, tax provisions,
etc.):
•  Indiana Brownfields Program Trails and Parks
   Initiative (TPI) - free assessment service via EPA
   awards
•  Revolving Loan Fund (RLF) Phase Is - pending, free
   assessment service via RLF repayments
•  Federal Matching Grants - via State Environmental
   Remediation Revolving Loan Fund (ERRLF)
   established in 1997
•  Stipulated Site Assessment Grants (SAG) - pending,
   via ERRLF
•  Stipulated Remediation Grants (SRG) - pending, via
   ERRLF
•  Petroleum Remediation Grants (PRG) - unfunded
   waitlist, via fund transfer established in 1999
•  RLF Supplemental/Recovery Act - sub-grants/loans
   for cleanup via EPA award
•  RLF Incentive - loans for cleanup via EPA award
•  Low-Interest Loans (LIL) - for assessment/cleanup
   via ERRLF
•  Supplemental Environmental Projects (SEPs) -
   for assessment/cleanup via IDEM enforcement
   settlement
•  IDEM Excess Liability Trust  Fund (ELTF) - not
   specific to brownfields, for regulated tank owners
   who pay/have paid into the fund (ELTF recipients not
   eligible for PRG)
•  State and Federal Tax Provisions - site
   determinations conducted by Indiana Brownfields
   Program
Legislative or program site eligibility requirements:
Authority for the VRP is provided in Indiana Code 13-
25-5, as amended.  Entry to  IDEM VRP is open to
any site unless an enforcement action is pending, the
site is a substantial and imminent threat, or a federal
grant requires action. Responsible parties may apply.
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Indiana
The Indiana Brownfields Program generally follows these
standards in evaluating eligibility for financial and technical
assistance. However, assistance is not available to entities
that caused or contributed to any site contamination.
The Indiana Brownfields Program works under the directives
of Senate Enrolled Act 360 (1997), House Enrolled Act 1909
(1999), House Enrolled Act 1935 (2001), Senate Enrolled Act
273 (2001), Senate Enrolled Act 170 (2001), Senate Enrolled
Act 321 (2001), Senate Enrolled Act 339 (2001), Federal
HR 2869 (2001),  House Enrolled Act 1714 (2003), Senate
Enrolled Act 207 (2003), House Enrolled Act 1653 (2005),
Senate Enrolled Act 578 (2005), House Enrolled Act 1033
(2005), House Enrolled Act 1192 (2007), and House Enrolled
Act 1162 (2009).

Financial Elements
Assessment  and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Assessment -  In 2007, the Indiana Brownfields Program
   developed  TPI using $400,000 in  EPA assessment funding
   awarded to Indiana plus $200,000 in matching funds from
   IFA. TPI offers Phase I and Phase II environmental site
   assessments for hazardous and petroleum contamination
   to eligible local units of government and nonprofit
   organizations with plans to redevelop eligible brownfield
   sites for use as trails, parks, recreational space, or other
   greenspace. Unlike other financial incentives through the
   Indiana Brownfields Program, applicants will not receive
   monies directly, but program-contracted consultants
   will perform assessments for the awarded applicants.
   Applications are on a rolling basis until 2010, unless funds
   are depleted earlier.
•  Assessment -  SAG funding, through state budget
   appropriations, has been available to political subdivisions
   to perform  site assessment and investigative activities at
   eligible brownfield sites with non-petroleum contamination.
   Eligible SAG activities include Phase I and Phase II
   Environmental Site Assessments, lead paint surveys, and
   asbestos surveys. Amount available and deadline to apply
   for future SAG funding are pending.
•  Assessment -  Phase I assistance is anticipated to be
   available from RLF repayments.
•  Assessment/Cleanup - state LIL funding is available
   to political  subdivisions for the acquisition of and
   environmental assessment, remediation, and demolition
   activities at eligible brownfield sites. Loans can be used for
   hazardous and petroleum contamination. The maximum
   LIL amount is  based on available funds and determined
   on a case-by-case basis (dependent, in part, on what
   other financial assistance the borrower has received from
   the Program in the fiscal year), but in no instance will
exceed 50% of funds available for loans. A LIL may also
be partially forgivable such that not more than 20% of the
total LIL amount may be in the form of a forgivable loan.
Applications are on a rolling basis.
Assessment/Cleanup - PRG funding that was the result of
a 2001/2003 state budget transfer of 9,000,000 from the
IDEM Excess Liability Fund (ELF) to ERRLF for petroleum
contamination at brownfield sites is pending. In 2007,
this incentive was successfully restructured, dividing
the state into seven regions and allocating $750,000
per region to identify, assess,  and remediate eligible
brownfield sites with the intent of more efficiently utilizing
available funding.  By the end of 2008, the total budget
for approved PRG projects was estimated at close to
$6.3 million, a little over $3.5 million of which has already
been disbursed. PRG funds were available to political
subdivisions as services provided by consultants retained
by IFA. PRG awards may not be used to remediate
sites contaminated solely by hazardous substances,
although they may be applied to sites contaminated by
both hazardous substances and petroleum. The Indiana
Brownfields Program is maintaining wait lists for each
Region until the availability of  additional funding is
determined.
Assessment/Cleanup -The Indiana Brownfields
Program has collaborated with IDEM to offer political
subdivisions in Indiana access to SEP funds for brownfield
redevelopment activities. SEPs are used by IDEM as
tools to settle enforcement cases. When IDEM agrees
to allow a respondent to settle a case with a brownfield
SEP, an agreed-upon amount from a civil penalty owed
to IDEM is paid directly by the  respondent to the IFA for
use on a brownfield project. Examples of eligible uses of
brownfield SEP funds include the following: Phase I and
Phase II Environmental Site Assessments, remediation
and demolition activities, habitat restoration, and site
acquisition. In order to administer this form of financial
assistance, Program staff  have developed guidelines
for those communities that are the beneficiaries of a
brownfield SEP to explain the eligible uses of the funding,
administrative procedures for accepting and utilizing the
funding, etc. Unlike other financial incentives received
through the Indiana Brownfields Program,  these are not
funds for which an entity can apply; they result only from a
negotiated settlement from IDEM's Office of Enforcement.
Cleanup - SRG funding, through state budget
appropriations, has been available to  political subdivisions
to finance environmental remediation costs at eligible
brownfield sites. SRG awards may not be used to
remediate sites contaminated solely by  petroleum,
although sites contaminated by both hazardous
substances and petroleum may be eligible. Amount
available and deadline to apply for future SRG  funding are
pending.
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Indiana
•  Cleanup - FMG funding is available to EPA Brownfields
   Cleanup or RLF grant award recipients. The amount of a
   FMG award is up to 20% of the EPA grant.
•  Cleanup - RLF Incentive low-cost (e.g., low to zero-
   interest) loan funding of approximately $2.4 million
   currently available to political subdivisions and private
   eligible entities for brownfield cleanup activities from an
   EPA award (and IFA match) in 2008. Applications are
   accepted on a rolling basis until 2013, unless funds are
   depleted earlier.
•  Cleanup - $2.5 million ($900,000 for hazardous
   substances and  $1,600,000 for petroleum) available
   from RLF Supplemental/Recovery Act funding awarded
   to Indiana Brownfields Program to provide loans and
   sub-grants to support cleanup activities at several of the
   31 shovel-ready brownfield projects identified by local
   governments in the state. Selection and implementation
   procedures are to be determined.
Misc. background information/criteria:
•  In 1997, state ERRLF (or the Brownfields Fund)
   established through legislation—$10,000,000 over three
   years to eligible cities, towns, or counties (with funds
   having been reallocated to date); grants for assessments;
   loans for assessments or remediation (including
   demolition); applicants evaluated for several criteria,
   including ability to repay, matching funds available, and
   economic development potential; and 50% allocated to
   jurisdictions with fewer than 22,000 people. Future funds
   are through budget appropriations.
•  On July 1, 1999, an extra $5,000,000 was added through
   legislation to the ERRLF for forgivable loans; 20% of
   the ERRLF loan may be forgiven for projects meeting
   community-determined economic development goals, with
   priority given to former gas station or underground storage
   tank (LIST) sites, or facilities located within one-half mile of
   a childcare center or school.
•  ERRLF applicants may partner/co-apply with private
   entities that did not cause or contribute to any
   contamination. ERRLF loan recipients may re-loan money
   to an eligible private entity, with 20% of the loan forgiven if
   it meets criteria (noted in the first column); referred to as
   the third-party model.
•  No funding is retroactive.
Tax incentives (abatements, credits, etc.):
•  Brownfields Revitalization Zone tax abatements - available
   in locally designated "brownfields zones."
•  Tax waiver - Indiana Brownfields Program determines
   whether a site is a "brownfield"  as a part of the petition that
   is filed for the Department of Local Government Finance to
   cancel local back taxes.
•  Federal Brownfield Tax Incentive -  Indiana Brownfields
   Program determines whether a site is a "qualified
   contaminated site" and issues a Federal Brownfield Tax
   Incentive Property Eligibility Statement as one
   step in the process to help reduce a taxpayer's tax
   burden by allowing eligible remediation costs to be
   fully deducted in the year the costs were incurred.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  N/A

Program Elements

Technical Elements
Methods/standards/controls:
•   Risk-based process (Risk-Based Corrective Action-
   like) in place. State's Risk Integrated System of
   Closure  (RISC) non-rule policy, which allows for
   consistent, risk based standards among all IDEM
   cleanup  programs, has been utilized since 2002.
•   Indiana developed default risk-based closure criteria
   for soil and ground water and allows for site-specific
   risk assessments to determine alternative closure
   levels.
•   In addition to risk-based numeric standards, the
   VRP considers risk management practices in
   evaluating sites.
•   Land use is considered in determining cleanup
   levels for state and voluntary cleanups. Future land
   uses are considered either residential or industrial/
   commercial. A party must control the site to select
   industrial use. Indiana uses restrictive covenants
   recorded on deeds as institutional controls for
   maintaining specified land uses.
Contaminants covered/excluded:
•   Both programs cover hazardous substances
   and petroleum. Default closure standards
   have been developed for approximately 150
   common constituents, excluding asbestos and
   polychlorinated biphenyls (PCBs).
•   For the Indiana Brownfields Program, asbestos, lead
   paint, and PCBs are  OK, as well as petroleum for
   state and federally funded projects.
•   In VRP, petroleum and PCBs are OK; no asbestos or
   lead paint.
Use of long-term stewardship and institutional
controls (1C): Both programs generally view ICs as
acceptable. ICs are considered under RISC when
determining remediation-type activities. ICs may be
approved on a site-by-site basis.  Indiana Brownfields
Program Comfort/Site Status Letters may indicate land-
use restrictions as necessary. Land-use restrictions are
enforced by IDEM through Environmental Restrictive
Covenants.  The most common type of 1C approved by
IDEM is an  Environmental Restrictive Covenant.  IDEM
developed and maintains an Institutional Controls
Registry to  track Environmental Restrictive Covenants.
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Indiana
1C Tracking: Tracked by individual programs (including VRP
and Indiana Brownfields Program) through IDEM's Registry.
A summary report from the registry is posted monthly at
http://www,in,gov/idem/5959,htm.The registry also has
interactive features including a link to view the actual 1C
document using IDEM's Virtual File Cabinet.
   •   1C Oversight: pending study committee outcome.
   •   1C Monitoring: pending study committee
      outcome.

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  December
1995 for VRP. Indiana Brownfields Program has Cooperative
Agreements for multiple grants with EPA.
Costs to enter program or fees for service: While 2007
legislation allows for fees, the Indiana Brownfields Program is
free, and costs for services are currently not recovered from
program participants.
VRP is funded through application fees of $1,000
(municipalities are exempt) per site and through applicant
agreements to pay additional state costs. State costs for
voluntary cleanups generally range from $5,000 -$20,000.
VRP recovers costs for project administration, technical
evaluation, confirmatory sampling, and travel.
Funding source for administrative costs and staff:
The Indiana Brownfields Program utilizes approximately 15
full-time equivalent (FTE) staff. The IDEM  Office of Land
Quality employs approximately 50 FTE staff in the VRP,
including science services/technical support staff (e.g.,
Chemists, Geologists, etc.). Legal support is provided by
only one attorney in the Office of Legal Counsel. Staffing
and administration are primarily funded by the state general
fund, the state cleanup fund, and federal grants/cooperative
agreements.

Cleanup Activities
Sites  currently in VCP:  As of August 2009, 728 VRP
applicants and 862 Indiana Brownfields Program sites.
Sites  completed under VCP:
•  For the VRP, 556 active and completed sites.
•  For the Indiana Brownfields Program, an approximate
   total of 250 Closure letters (Comfort Letters (101); Site
   Status Letters (98); NFA Letters (51) and 16  Project Status
   Letters issued; 433 grants awarded; 27 loans approved.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):
•  Both programs—Facilitate property transfers and
   brownfields redevelopment thereby enhancing property
   values; are voluntary; provide technical assistance;
   conduct educational and outreach activities; utilize RISC
   closure levels for cleanup goals; and offer their respective
   "closure" documents.
•  VRP is a fee-based program that offers a COC and CNTS
   through the governor's office for sites that have been
   remediated through the VRP; this is the highest level of
   liability protection offered for media, constituents, and
   areas addressed. Responsible parties are eligible to
   participate.
•  The Indiana Brownfields Program offers educational,
   financial, legal, and technical assistance primarily to
   communities, but also to private non-responsible  parties.
   Participation in the Indiana Brownfields Program  is at
   no cost. The program offers Comfort Letters and Site
   Status Letters to address liability issues as appropriate.
   While these documents do not provide the level of liability
   protection as a CNTS (i.e., release of liability), they often
   facilitate lending transactions and property transfers.

Public Participation
Public participation requirements (notice, comment
periods, etc.):
•  The Indiana Brownfields Program generally has no public
   participation requirements, except for federally funded
   projects (e.g.,  RLF) where such  requirements may exist
   and with which the program must comply.
•  VRP requires public notice.  Hearings and meetings are
   held at IDEM's discretion.
Public participation activities (hearing, meetings, etc.):
•  While the Indiana Brownfields Program does not  require
   such public meetings/notices, public participation is an
   important selection  factor incorporated in all applications/
   request forms for receiving financial, legal, and technical
   assistance. There are two sites in the program that
   received federal RLF loan funds where this was a
   requirement such that information was placed in a public
   repository and public meetings were held about the
   community projects.
•  VRP requires that all remediation work plans (100% of
   sites) be placed on  a 30-day public comment period in
   the  IDEM file room, and in a repository (typically a public
   library) in the community where the subject property is
   located before formal work plan approval is granted. Public
   officials in the  affected community (mayor and county
   health department)  are notified when VRP accepts a
   project into the program, and again  when the work plan is
   placed on public notice. In addition,  the VRP Community
   Relations Plan requires that all program participants notify
   residents or community groups in close proximity to the
   subject property if impacts or activities at the site are likely
   to affect them.
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        State Brownfields and Voluntary Response Programs:

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Indiana
Statutory Authorities
•  The Hazardous Substances Response Trust Fund, 1C
   §13-25-4 (1986, as amended 1987, 1988, 1989, and
   1991), establishes a state cleanup fund and authorizes
   enforcement actions, and recovery of natural resource
   damages (NRDs).
•  The Environmental Response Revolving Loan Fund (1C
   §13-19-5-5).
•  The Responsible Property Transfer Law, 1C §13-25-3
   (1990), establishes disclosure requirements for
   contaminated property transfers.
•  The Voluntary Remediation of Hazardous Substances and
   Petroleum, 1C §13-25-5 (1993), establishes a voluntary
   cleanup program.
•  The Brownfields Revitalization Zone Tax Abatement, 1C
   §6-1.1-42 (1997), provides for tax rebates under the
   brownfields program.
•  The Environmental Legal Actions Act, 1C §13-30-9
   (1997), establishes citizen suit authority.
•  IDEM's petroleum response authority (1C §13-24-1).
•  IDEM's leaking underground storage tank response
   authority (1C §13-23-13).
•  The Indiana Brownfields Program also works under the
   directives of Senate Enrolled Act 360 (1997), House
   Enrolled Act 1909 (1999), House Enrolled Act 1935
   (2001), Senate Enrolled Act 273 (2001), Senate Enrolled
   Act 170 (2001), Senate Enrolled Act 321 (2001), Senate
   En rolled Act 339 (2001), Federal HR 2869 (2001), House
   Enrolled Act 1714 (2003), and Senate Enrolled Act 207
   (2003), House Enrolled Act 1653 (2005), Senate Enrolled
   Act 578 (2005), House Enrolled Act 1033 (2005), House
   Enrolled Act 1192 (2007), and House Enrolled Act 1162
   (2009).
•  Legal Actions Act, 1C §13-30-9 (1997), establishes citizen
   suit authority.
•  Comprehensive Environmental Response, Compensation,
   and Liability Act, 42 USC §9601.
An Update from the States                                                                                    79

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Michigan
 (genera fOnformation
   Contact: Susan Erickson
  Address: Michigan Department of Environmental
           Quality (DEQ)
           P.O. Box 30426
           Lansing, Ml 48909-7926
    Phone: 517241 8707
       Fax: 5173739657
     Email: ericksons@michigan.gov
  Web site: http://www.michigan.gov/deqbrownfields
Program Description
(VCP, brownfields, or related)
Brownfields definition: Michigan's functional definition of a
brownfield is a property with real or perceived contamination
and one that has a potential for redevelopment. The term
also includes blighted or functionally obsolete properties.
A property is a "facility" if the contaminant concentration
exceeds one or more residential criteria, as defined in Part
201, Environmental Remediation of the Natural Resources
and Environmental Protection Act, PA 451 of 1994, as
amended.
Eligible properties, including those that are blighted,
functionally obsolete, or owned by a land bank, are defined
in the Brownfield Redevelopment Financing Act, PA 381 of
1996, as amended.
A more detailed  description of Michigan's brownfield program
can be found at:  http://www.michigan.goV/deq/0.1607.7-135-
3311 4110 23243-.OO.html
Program titles:
•  Brownfield Redevelopment Grants and Loans
•  Cleanup and  Redevelopment Program
•  Brownfield Redevelopment Assessment Program
Liability relief provisions:  Completing a Baseline
Environmental Assessment (BEA) and submitting  it to the
DEQ prior to or within 45 days of purchase provides  an
exemption from liability for existing contamination.  The BEA
establishes the means to distinguish a new release from
pre-existing contamination, and provides liability protection
for the new owner for known and unknown contamination
under certain parts of Michigan's environmental protection
law. A BEA may not provide liability protection under other
state and federal laws, including state regulated landfills
and underground storage tanks, and sites regulated  by the
federal Resource Conservation and Recovery Act (RCRA),
Comprehensive Response Compensation and Liability
Act (CERCLA), and Superfund. Owners and operators
of contaminated properties must use due care when
redeveloping the property and may seek a determination from
the DEQ on the adequacy of the BEA and associated Due
Care Plan (Compliance Analysis). The DEQ has received
over 12,000 BEAs since the law was enacted in 1995.
Michigan cleanup standards are land-use based.
Financial incentives (grants, loans, tax provisions, etc.):
•  Brownfield Redevelopment Grants and Loans are available
   for investigation and environmental cleanup of brownfield
   sites targeted for redevelopment. The program is funded
   through past environmental bond initiatives (1988 Quality
   of Life Bond and 1998  Clean Michigan Initiative).
   http://www.michigan.goV/deq/0.1607.7-135-
   3311 4110  29262-.OO.html
•  A Brownfield Redevelopment Authority (BRA) has tax-
   increment financing (TIP) and bonding authority and
   may use these funds to address eligible environmental,
   and in some cases, infrastructure costs at sites in an
   approved Brownfield Plan. Funds may also be used for
   demolition, and  lead and asbestos abatement. A BRA
   may also establish a local site remediation revolving fund
   through capture of excess tax increment revenues for up
   to five years to conduct eligible activities on other eligible
   properties. Bonds can be repaid with tax increment
   revenues.
   http://www.michigan.goV/deq/0,1607,7-135-
   3311 4110  23246-.OO.html
•  Michigan Business Tax (MBT) credits are available to
   developers of brownfield sites for up to  12.5% of eligible
   investment hard costs. For projects designated as Urban
   Development Area Projects (UDAP), a credit of up to
   20% is available.  Eligible investment hard costs include:
   site improvements, demolition, construction, restoration,
   alteration, building renovation or improvement, and
   addition of machinery,  equipment, and fixtures.
   http://ref.themedc.org/cm/attach/bObc12b6-18bO-4e74-
   823f-50b40d116e36/BrownfieldSBT.pdf
•  The Brownfield Redevelopment Assessment Program
   provides free site assessments for up to eight sites per
   year.
•  The DEQ works closely with the Community Assistance
   Team of the Michigan Economic Development Corporation
   (MEDC) on tax-increment financing and economic
   incentive programs for brownfield redevelopment
   (products and services, tax credits, and tax-free zones).
   Other economic development incentives through the
   Michigan State Housing Authority (MSHDA) (low interest
   financing), the Michigan Department of Transportation
   (grants for infrastructure, road and non-motorized
   trails, http://www.michigan.goV/mdot/0.1607.7-151-
   9621 17216-.00.html). the Michigan Department of
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Michigan
   Natural Resources (grants for property acquisition and
   development of public recreational facilities http://www.
   michigan.gov/dnr/0.1607.7-153-10366 37984—,00.
   html), and the Michigan State Historic Preservation Office
   (tax incentives and credits, http://www,michigan,gov/
   hal/0,1607,7-160-18833  18873—,00.html) are frequently
   used at brownfield sites, but are not specifically linked to
   brownfield redevelopment.The Michigan Land Bank Fast
   Track Authority also helps return blighted tax-reverted
   properties back to productive use (http://www.michigan.
   gov/dleg/0.1607.7-154-34176-.OO.html).
Legislative or program site eligibility requirements:
•  Brownfield Redevelopment grants and loans: Eligible
   applicants include local units of government and
   authorities or organizations created pursuant to state law,
   such as a BRA, Economic Development Authority, or a
   Downtown Development Authority. The local governing
   body must commit its full  faith and credit for loans. An
   eligible property can be either known or suspected to be
   contaminated. Liability issues may result in a property or
   applicant  being ineligible for a grant or loan.
•  Brownfield Redevelopment Authorities: Any local unit
   of government can establish a BRA which  may adopt a
   brownfield plan to provide TIP to reimburse developers for
   the costs  of eligible  activities and MBT credits for qualified
   taxpayers for their eligible investments. In order to be
   eligible for either TIP reimbursement and or MBT credits,
   the property must be in a BRA's Brownfield Plan.
•  Michigan  Business Tax credits: Qualified taxpayers such
   as property  owners, lessees, or parties that have agreed
   to purchase or lease eligible property are eligible to claim
   a tax credit. The property can  be:
   •  A contaminated property
   •  Blighted  or functionally obsolete property
   •  Contiguous to property that is contaminated, blighted,
     or functionally obsolete
   •  Tax reverted and owned or under the control of a land
     bank authority

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfield programs, application
process, eligibility requirements, dedication to special
types of sites  such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Property prioritized by communities for redevelopment
   can be addressed with Brownfield Redevelopment Grants
   and Loans. Ultimately, the goal of the Michigan DEQ's
   Brownfield Grant and Loan Program is to level the playing
   field between brownfield and greenfield sites, and provide
   incentives that encourage or leverage investment of
   funding by other public and private sources. However,
   in order to attract projects that maximize environmental
benefits, brownfield grant and loan recipients are
encouraged to incorporate green building standards,
energy efficiency, walkability, rain gardens, green
roofs, and other storm water control measures
into funded projects. The DEQ coordinates with
other state agencies to help identify financial and
technical assistance.
Both grants and loans maybe used for assessment
and cleanup, but a project must have a committed
developer to qualify for a grant, or to use funds for
demolition costs. Without a committed developer,
a loan may be used if the site has redevelopment
potential. Loans have  a five-year grace period with
no interest and no payments. After the fifth year,
nominal interest (currently 1.5%) is charged  on the
loan balance,  and repayments are due annually
for the next 10 years (total loan term is 15 years).
Loans may be repaid  with TIP collected  by a BRA.
Applications are accepted year-round to allow timely
responses to developer timeframes.
The grant and loan program was capitalized  with
$75,000,000 from the 1998 Clean Michigan  Initiative
bond proceeds. However, this funding source for
grants and additional  loan awards is anticipated
to be depleted in 2010. About $8,000,000 was
available from these programs at the end of 2009.
The Brownfield Redevelopment Grant Program has
existed in  Michigan since 1992.
The Cleanup and Redevelopment Program (CRP)
of the DEQ initiates and oversees state-funded
cleanup actions at Michigan sites of environmental
contamination when there are no financially viable
liable person(s), or where the liable person(s)
refuses to act in a timely manner, and immediate
action is needed. Cleanup projects are  proposed
annually by the DEQ and are approved  by the
legislature. Historically, sites selected and approved
are those that present the most significant risks
to public health or the environment. Starting in
1997, sites were also  selected and approved
based on the  redevelopment potential.  In 2004,
the Leaking Underground Storage Tank Program
was incorporated into the Environmental Cleanup
and Redevelopment Program. The program also
provides funding to match federal funds for cleanup
actions at federally listed sited of contamination
(e.g., Superfund Sites). Funding sources for  the
CRP include the 1988 Environmental  Protection
Bond Fund, the 1998  CMI Bond Fund, the Cleanup
and Redevelopment Fund (CRF, created in 1996),
and the Michigan Refined Petroleum Fund.
From FY89 through FY06, over $830 million  has
been appropriated for site-specific cleanup projects
at 1,752 sites.
An Update from the States
                                                  81

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Michigan
   The state recovers some funds from liable parties, but the
   amount varies widely. Recovered funds are returned to the
   cleanup program.
•  The Brownfield Redevelopment Assessment Program
   provides free site assessments for up to eight sites per
   year. The program is funded through a grant from EPA
   to the Michigan DEQ. Assessments are conducted by
   DEQ staff to evaluate properties for redevelopment. The
   brownfield assessments provide enough information to
   make remedial and due care decisions before a party
   commits to purchase and/or redevelop a property. While
   federal funds are used, a property is not entered into the
   Superfund evaluation or National Priorities List  (NPL)
   nomination process unless specifically requested by the
   state. Candidate properties are identified by a local unit of
   government and submitted to the DEQ  Remediation and
   Redevelopment Division Superfund Section.  Properties
   proposed for reuse as public facilities are eligible for
   investigation. Sites proposed for private redevelopment are
   higher priority if a developer has a strong interest in the
   property, and if the property has tax-reverted to the state
   or is under the control of the  local unit government, (http://
   www.michigan.gov/deq/0.1607.7-135-3311  4110  52069-
   199235-.00.html).
Tax incentives (abatements, credits, etc.): The  MBT
credit is available for up to 12.5% of eligible investment in
development (not cleanup) costs made on an eligible property
by a qualified taxpayer. For redevelopments designated as
Urban Development Area Projects (UDAP), a credit of up to
20% for eligible costs is available until the end of 2010, then  is
reduced to 15%. An eligible property must be in an approved
Brownfield Redevelopment Plan, and eligible development
costs include site improvements, demolition, construction,
restoration, alteration, building renovation or improvement,
and addition of machinery, equipment, and fixtures. A UDAP
includes projects located on eligible property in a downtown
or traditional business district or traditional commercial
corridor of one the 103 qualified local units of government or
a county seat. UDAPs typically include multistory,  increased
density, mixed-use or walkable community developments,
sustainable and green redevelopment, or address  areas with
multiple parcel redevelopments  and underserved commercial
areas.
Renaissance zones are virtually free of all state and  local
taxes for businesses located within their boundaries. Many
Renaissance Zones include brownfield properties. There are
over 150 geographic areas in Michigan that are designated as
renaissance zones.
http://ref.michigan.org/medc/services/sitedevelopment/
renzone/index.asp
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): BRAs
are created locally to develop and implement brownfield
plans. Properties in a brownfield plan are eligible for TIP
to reimburse developers for eligible activities, including
environmental costs, demolition, and lead or asbestos
abatement. TIP can also be used for infrastructure
improvements and site preparation costs. A project must be
in a brownfield plan to qualify for the MBT credit. A BRA can
issue bonds that are repaid with TIP. Finally, a BRA can also
establish a local site remediation revolving fund to capture
excess tax increment revenues for up to five years to conduct
eligible activities on other properties in the brownfield plan.

Program Elements

Technical Elements
Methods/standards/controls: Risk-based standards in
place for soils and ground water (although not a formal
Risk-Based Corrective Action (RBCA)) in several land-use
categories—residential, commercial and industrial, and
limited  uses with institutional controls. DEQ may also approve
site-specific criteria.
The DEQ employs background levels, water quality criteria,
Maximum Contamination Level/Maximum Contaminant Level
Goals (MCLs/MCLGs), ground water standards, and soil
standards as generic cleanup levels, or uses site-specific
risk assessment to determine cleanup  levels. The DEQ uses
a risk goal of 10-5 for carcinogens and a Hazard Quotient
of 1 for non-carcinogens. Future land use assumptions are
made based on probability of continued current use, current
zoning, and future zoning or intended use as indicated by
local governments. The DEQ uses deed restrictions and
ordinances as institutional controls to maintain specified
future land uses.
Contaminants covered/excluded: The program does not
exclude specific contaminants. A property is a "facility" if the
contaminant concentration exceeds one or more residential
criteria, as defined in Part 201, Environmental Remediation of
the Natural Resources and  Environmental Protection Act,  PA
451 of 1994, as amended.
Use of long-term stewardship and institutional controls
(1C): Institutional controls are accepted and, with respect to
cleanup grants to communities, encouraged as cost saving as
well as protection action.
  •  1C Tracking: Privately-funded cleanups are not tracked
     by the DEQ. State-funded cleanups are tracked and
     available on our Web  site: http://www.deq.state.mi.us/
     part201ss/
  •  1C Oversight: The DEQ does not oversee private
     cleanups.
  •  1C Monitoring: The DEQ does not monitor private
     cleanups. State-funded cleanups are monitored as
     necessary.
82
        State Brownfields and Voluntary Response Programs:

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Michigan
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: July 1996
Costs to enter program or fees for service:  Fee of $750 to
request DEQ review and determination of adequacy of BEAs.
Funding source for administrative costs and staff:  Grant
and loan programs are administered by the Remediation
and Redevelopment Division (RRD) of the DEQ. The
brownfield programs are administered by one supervisor,
one administrative assistant, one financial analyst and four
professional staff.
The RRD also provides technical oversight for the grant and
loan programs and administers the hazardous substance
cleanup program. The division employs 250 full-time
equivalent (FTE) staff, and legal support is provided by
eight FTE attorneys in the Department of the Attorney
General, Natural Resources Division. Funding for staff and
administration is provided by a combination of the funding
sources described.

Cleanup Activities
Sites undergoing cleanup: At the end of 2009, there were
ongoing  activities at 200 sites where the DEQ is paying for
response activities prioritized based on threat to public health
and the environment.
There are 69 grant and  loan projects in progress.
Voluntary cleanups undertaken without state funding
assistance are not tracked by DEQ.
Sites completed under cleanup program: By 2009, the
DEQ had committed $847 million at nearly 1,647 orphan sites
for cleanup and redevelopment and provided oversight or
assistance on more than 10,000 cleanup projects performed
by liable parties. The DEQ has also addressed over 12,500
leaking underground storage tank releases. From 1995
through September 2009, the DEQ received 4,699 BEA
petitions, which are reviewed at a cost of $750. An additional
8,186 disclosures were  submitted without a fee or DEQ
review.
Since 1992, the DEQ has awarded $142.6 million  in grant
funding and $33.7 million in loans to local units of government
and Brownfield Redevelopment Authorities.
Public Participation
Public participation requirements (notice, comment
periods, etc.): Michigan law requires Brownfield
Redevelopment Authorities to provide two notices and
requires the municipal governing body to hold a public
hearing before adopting a brownfield plan.

Statutory Authorities
Part 201 of the Natural Resources and Environmental
Protection Act, Public Act 451 of 1994, as amended
(NREPA), establishes a state cleanup fund and
provides enforcement authority, a priority list,
Natural Resource Damage recovery, citizen suits,
water replacement, contaminated property transfer
requirements, and voluntary cleanups. Underground
Storage Tanks are regulated under Parts 211 and 213
of NREPA. Brownfield  Redevelopment Grants and
Loans are funded under Parts 195, 196, and 201  of
NREPA. The Brownfield Redevelopment Financing Act
(1996, PA 381, as amended) authorized municipalities
to establish BRAs, adopt brownfield redevelopment
financing plans, and capture incremental local and
school property taxes, (http://www.michigan.gov/
deq/0.1607.7-135-3307 4132-.00.html).
An Update from the States
                                                   83

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Minnesota
 genera fOnformatton
   Contact: Barbara Jackson

  Address: Minnesota Pollution Control Agency (MPCA)
           Remediation Division
           520 Lafayette Road
           St. Paul, MN55155

    Phone: 651 757 2459

       Fax: 651 296 9701
     Email: barb.jackson@state.mn.us

  Web site: http://www.pca.state.mn.us/cleanup
           brownfields. html
Program Description
(VCP, brownfields, or related)
Brownfields definition: Brownfields are abandoned, idled
or underused industrial and commercial properties where
expansion or redevelopment is complicated by actual or
suspected environmental contamination. The state brownfields
programs provide assistance or legal assurances for parties
seeking to investigate or cleanup contaminated property.
Program titles:
• Voluntary Investigation and Cleanup Program (VIC) (1988)
• Agriculture Voluntary Investigation and Cleanup Program
  (AgVIC)(1993)
• Petroleum Brownfields Program (PBP) (1992)
• Resource Conservation and Recovery Act Program (RCRA)
Liability relief provisions:
• VIC Program (1988) - Minnesota Pollution Control
  Agency (MPCA) offers liability assurances, including No
  Association Determinations,  No Action Determinations,
  Off-site Source Determinations, and Certificate of
  Completion.
• AgVIC Program (1993) - Minnesota Department of
  Agriculture (MDA) offers similar assurances as MPCA's
  VIC program for sites contaminated with agricultural
  chemicals.
• PBP - MPCA offers site closure letters for petroleum
  brownfield sites.
Financial incentives (grants, loans, tax provisions, etc.):
• Department of Employment and Economic Development
  (DEED) Contamination Cleanup and Investigation Grant
  Program: Minnesota Cleanup Revolving Loan Fund, and
  Redevelopment Grant Program
• MPCA Dry Cleaner Environmental Response and
  Reimbursement Account
•  MPCA Petroleum Tank Release Cleanup Account
   Minnesota Department of Agriculture (MDA) Agricultural
   Chemical Response & Reimbursement Account (ACRRA)
•  MPCA Site-specific brownfields assessments
•  Metropolitan Council in Twin Cities region offers
   brownfields project grants in seven-county area
Legislative or program site eligibility requirements:
State superfund law imposes strict, joint, and several liability
standards on persons responsible for releases of hazardous
substances to the environment, as appropriate, and may
impose liability retroactively. The MPCA and MDA may
impose civil penalties up to $20,000  per day for failure to take
formally requested cleanup actions. No punitive damages
may be imposed. Liability assurances are offered to parties
that investigate and/or clean up contaminated brownfield sites
on a voluntary basis. The assurances provide protection from
Superfund liability.

Financial Elements
Assessment and cleanup funding  (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Contamination Cleanup and Investigation Grant Program
   provides $8 million annually for grants to cities for cleanup
   at sites with development potential; covers up to 75% of
   project costs.
•  Dry Cleaner Reimbursement Fund reimburses current
   or former owners and operators for cleanup costs over
   $10,000 at dry cleaning facilities that have entered the
   state's VIC program.
•  MPCA approved Minnesota Environmental Response
   and Liability Act (MERLA) (i.e., state Superfund) project
   expenditures for FY09 of $7,600,000, MERLA funds are
   used only when responsible persons fail to take requested
   cleanup actions or there are no financially viable or
   identified responsible persons for a release. Primary
   sources of MERLA funds are cost recovery and taxes.
   Minor sources are penalties, interest and occasional
   special appropriations. The  MERLA fund may be used
   for site investigation, Comprehensive Environmental
   Response Compensation and Liability Act (CERCLA)
   match, studies and design,  operations and maintenance,
   removals, victim compensation, emergency response,
   grants to local government,  remedial actions, program
   administration, natural resource restoration, and cost
   recovery.
   Agricultural Chemical Response and Reimbursement
   Account may reimburse corrective action costs to an
   eligible person for 80% of costs greater than $1,000 and
   less than or equal to $350,000.
•  MPCA has limited funds available for the assessment
   of brownfield property that is likely to be developed as
   greenspace.
84
       State Brownfields and Voluntary Response Programs:

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Minnesota
Tax incentives (abatements, credits, etc.):
Legislature has limited tax increment financing.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available.

Program Elements

Technical Elements
Methods/standards/controls: State uses a risk-based
approach that considers planned property use. Minnesota
employs surface water quality standards, ground water
standards, and Maximum Contamination Level/Maximum
Contaminant Level Goals (MCLs/MCLGs), in conjunction with
risk assessments to determine cleanup levels. Minnesota
has a tiered approach for  providing risk-based guidance
on acceptable soil concentrations (Soil Reference Values)
for specific exposure categories. In order to calculate
individual Soil Reference Values, a 10-5 risk level is used
for carcinogens,  and a Hazard Quotient of .2 is used for non-
carcinogens. Site-specific risk assessments can also be done
in order to select and apply cleanup values for sites.
Planned land use is considered in applying cleanup
standards. A formal guidance document, Guidance on
Incorporation of Planned Property Use into Site Decisions,
identifies appropriate institutional controls for specific sites
with residual contamination. Minnesota uses a variety of
institutional controls including the following: environmental
covenants, affidavits/notification and easements.
Contaminants covered/excluded: The VIC program will
provide oversight of asbestos or lead if there is a release
to the environment. Petroleum contamination mixed with
MERLA contaminants is allowed in the VIC program but
not if petroleum is the sole contaminant. The PBP provides
oversight of petroleum brownfield sites.
MDA AgVIC program addresses contamination from
agricultural chemicals only, which includes pesticides and
fertilizers.
Use of long-term stewardship and institutional controls:
Institutional controls are used for purposes such as managing
residual contamination, maintaining response actions,
and notifying future property owners of the presence of
residual contamination. Minnesota had adopted the Uniform
Environmental Covenants Act, Minn. Stat. ch 114E.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www,pca,state,mn,us/pca/srs/remSearch,cfm?sType=VI
C&CFID=1413929&CFTOKEN=80733773
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: May
1995
Cost to enter program or fees for service: Hourly
fee charged for MPCA and MDA staff time on projects.
Funding source for administrative costs and
staff:  The MPCA Remediation Division administers
the state Superfund program. A total of 36 full-time
equivalent (FTE) MPCA staff work on the Superfund
and the VIC Programs.  A total of 2.2 FTE staff work
on the Superfund and AgVIC Programs at the MDA.
Minnesota's Attorney General's Office provides legal
support for the program with  about two FTE attorneys.
The state program receives funding from the state
cleanup fund. Minnesota's federal grants include a
Defense Summary Memorandum of Agreement (MOA)
for federal  facility cleanups.

Cleanup Activities
Sites:  507 are active in MPCA VIC. 220 sites are
active in PBP. 47 are active in MDA AgVIC.
Sites completed: Over 3,000 sites are completed in
MPCA VIC. Approximately 2,300 sites are completed in
PBP, and 271 sites are  completed in MDA AgVIC.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.):
•  Over 3,000 jobs created and a $3,000,000 increase
   in the tax  base is attributable to brownfields
   assistance.
•  Recent figures from  DEED show 13,224 jobs will be
   created at DEED sites and 5,663 housing units will
   be created (1,178 deemed affordable housing). Tax-
   base increases are estimated at $41,360,000.
•  Approximately 5% of all brownfield sites have
   been reused for parks, open space or recreational
   facilities. Private leverage  is estimated at almost
   $1,000,000,000.

Public Participation
Public participation requirements (notice, comment
periods, etc.):
Public participation activities (hearings, meetings,
etc.):  No information available

Statutory Authorities
The Minnesota Environmental Response and Liability
Act (MERLA), Minn. Stat. §§115B.01-.20 (1983,
as amended  1984, 1985, 1986, 1987, 1990, 1992,
1994,1995, 1997, and 1998), establishes a state
fund and provides for enforcement authorities, a state
priority list, Natural Resource Damages (NRDs), and
victim compensation.
An Update from the States
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Ohio
 genera fOnformation

  Contact: Ohio Environmental Protection Agency (OEPA):
           Amy Yersavich,
           Manager, Site Assistance and Brownfield

           Revitalization Section (SABR)
           Tiffani Kavalek,
           Manager, Assessment, Cleanup and ReLJse
           Section (ACRE)

           Ohio Department of Development (ODOD):
           William Murdock, Director, Office of Urban
           Development (UD)

  Address: Voluntary Action Program or
           Site Asssistance and Brownfield Revitalization
           Program
           Division of Emergency and Remedial Response
           Ohio Environmental Protection Agency
           P.O.Box 1049
           Columbus, OH 43216-1049

           Ohio Department of Development
           Office of Urban Development
           77 South Might Street, 26th Floor
           Columbus, OH 43215-6130

    Phone: VAP/SABR: 614 644 2924
           UD: 614 995 2292

      Fax: VAP/SABR: 614 644 3146
           UD: 614 466 4172

    Email: amy.yersavich@epa.state.oh.us
           Tiffani. kavalek@epa.state.oh. us
           oud@odod.state.oh.us

  Web site: VAP:
           http://www.epa.state.oh.us/derr/volunt/volunt.html

           SABR:
           http://www. epa.state. oh. us/derr/SABR/sabr.html

           ODOD:
           http://development.ohio.gov/UD/
Program Description
(VCP, brownfields, or related)
Brownfields definition: A brownfields is an abandoned,
idled or under-used industrial or commercial property where
expansion or redevelopment is complicated by known or
potential releases of hazardous substances and/or petroleum.
Program titles:
•  Voluntary Action Program (VAP)—created to give
   companies a way to investigate possible environmental
   contamination, clean it up if necessary,  and receive a
   promise from the State of Ohio that no more cleanup is
   needed.
•  Site Assistance & Brownfield Revitalization Program
   (SABR)—serves as the contact for brownfields or
   contaminated sites not yet in any cleanup program (e.g.,
   VAP, remedial response, Superfund, RCRA corrective
   action).
•  Office of Urban Development (OUD)—assists communities
   in creating wealth from personal, business, and community
   successes. OUD works to identify the resources and
   financing necessary to enhance the economic viability of
   local communities.
Liability relief provisions: A person undertaking a voluntary
action contracts with consultants certified by Ohio EPA to
perform investigation and cleanup activities in this program.
Once the cleanup is done, the Agency-certified consultant,
a certified professional (CP), and a laboratory also certified
by Ohio EPA, prepare a No Further Action letter (NFA) to
demonstrate that proper investigation and cleanup activities
were performed and that no further action  is needed. If the
data show that the work was properly conducted, Ohio EPA
can issue a Covenant Not to Sue (CNTS),  which promises
the volunteer that the State of Ohio will not require further
investigation or cleanup of the property.
In addition, U.S. EPA and Ohio EPA have entered into
a Superfund Memorandum of Agreement (MOA) for the
Voluntary Action Program, called the "MOA Track." The MOA
Track requires volunteers to follow the existing procedures
for VAP sites and conduct additional steps. The MOA Track
includes more Agency involvement, such as notice of entry
into the program, approval of certain documents and work
plans, and greater public involvement. Participants who
conduct these additional steps have the added comfort of
knowing that the cleanup is being conducted under a program
that EPA has reviewed and determined to be adequate.
Financial incentives (grants, loans, tax provisions, etc.):
•  Grant-funded technical assistance
•  Clean  Ohio Assistance Fund (GOAF)
•  Clean  Ohio Revitalization Fund (CORF)
•  Job Ready Sites (JRS) Program
•  Brownfield  Revolving  Loan Fund
•  Urban Redevelopment Loan Program
86
       State Brownfields and Voluntary Response Programs:

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Ohio
•  Water Pollution Control Loan Fund
•  Ohio Water Development Authority Loans
•  Tax exemptions
•  Tax credits
Legislative or program site eligibility requirements:  Any
property is eligible for the VAP except for those already
regulated under federal or state law.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Grant-funded technical assistance—http://www.epa.state.
   oh.us/derr/vap/guidance/GrantTA/grantta.html
•  Clean  Ohio Assistance Fund (GOAF)—a $10 million
   annual appropriation dedicated to brownfields
   redevelopment in eligible priority investment areas. Eligible
   applicants such as local governments, park and joint
   recreation  districts, conservancy districts, soil and water
   conservation districts,  and nonprofit organizations are
   eligible to receive grants for conservation  projects from
   the Clean Ohio Fund. Applicants must provide a 25%
   local match. Applicants undertaking projects on properties
   located in an eligible area may expend the dollars on
   three activities: 1) Phase I and Phase II Assessments; 2)
   Brownfield Cleanup; 3) and Public Health  Projects, (http://
   www.odod.state.oh.us/ud/COAF.htm)
•  Clean  Ohio Revitalization Fund (CORF)—art of a $200
   million dollar initiative approved by Ohio voters as part of
   the $400 million Clean Ohio Fund. (http://www.odod.state.
   oh. us/ud/CORF.htm)
•  Job Ready Sites (JRS) Program—designed to stimulate
   the development of large parcels of  land and/or buildings
   that will be marketed to attract state economy-shifting
   development projects. The maximum grant award available
   per eligible site improvement project is $5 million. Awarded
   grant amounts cannot exceed 75% of the total costs of
   improvements to eligible sites, (http://www.odod.state.
   oh. us/edd/obd/jrs/)
•  Brownfield Revolving Loan Fund (RLF)—capitalized by
   a grant from EPA and offers below-market rate loans to
   assist with the remediation of a brownfield property to
   return  it to a productive economic use  in the community.
   (http://www.odod.state.oh.us/ud/BCRLF.htm)
•  Urban Redevelopment Loan  Program—removes
   development barriers from urban core  property so private
   sector job opportunities can be created, (http://www.odod.
   state.oh.us/EDD/Loans Grants.htm)
•  Water Pollution Control Loan Fund—issues low-interest
   loans for water-related brownfield activities, for terms up to
   20 years, (http://www.epa.state.oh.us/defa/comguide.html)
•  Ohio Water Development Authority—extends
   loans to public or private entities for remediation
   of property, (http://www.owda.org/owda-doc/
   program%20info/notesbf.pdf)
Tax incentives (abatements, credits, etc.):
•  Tax Abatement—upon issuance of a covenant not to
   sue from the Director of the Ohio EPA for a remedy
   under the Voluntary Action Program, the Department
   of Taxation will grant a tax exemption to the property
   (ORC 5709.87). The exemption, which is issued
   as an order by the tax commissioner, only covers
   the increase in the assessed value of land and the
   increase in the assessed value of improvements,
   buildings, fixtures, and structures that exist at
   the time the tax abatement order is granted. The
   Department of Taxation will send copies of the
   exemption order to the owner of the property and
   the County Auditor's Office. The County Auditor's
   Office maintains the list of properties in the county
   that are subject to taxes  and exemptions. The
   abatement lasts for 10 years.
•  Ohio Enterprise Zone Program—http://www.odod.
   state.oh.us/edd/ez/ezsummarv.pdf
•  Brownfields Tax Incentive—http://www.epa.gov/
   bro wnfields/bftaxinc. h tm
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): VAP
Environmental Insurance Program  - http://www.
epa.state.oh.us/derr/vap/docs/VAP%20INS/
EIWebPagedesign.pdf

Program Elements

Technical Elements
Methods/standards/controls:  See Ohio
Administrative Code rule 3745-300-01 through 3745-
300-15 at
http://www.epa.state.oh.us/derr/Rules/rules.html
Contaminants covered/excluded: Hazardous
substances and/or petroleum. Sites contaminated
with petroleum not from Underground Storage Tanks
(USTs) are allowed entry into the VAP. In general, sites
contaminated with polychlorinated biphenyls (PCBs)
after 1978, and which exceed 50 parts  per million
(ppm), are excluded from the program without prior
remediation/compliance. Sites containing asbestos and
lead-based paint are eligible for the VAP.
Use of long-term stewardship and institutional
controls (1C): Ohio EPA audits at least 25% of the
properties taken through the VAP. Engineering controls
are maintained through Operation and  Maintenance
(O&M) Agreements.
An Update from the States
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Ohio
If the property's remedy relies on "activity and use limitations"
(formerly known as use restrictions) to restrict property
use, the volunteer must provide to the CP a "proposed
environmental covenant" that complies with ORC §5301.82.
The proposed environmental covenant—with its activity and
use limitations—is a remedy to support the CP's issuance of
an NFA letter.
   • 1C Tracking: ICs are tracked through the division's
     database (Preclaims database).
   • 1C Oversight and Monitoring: OEPA inspects
     institutional controls (activity and use) every five years.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www, epa.state. oh. us/derr/SABR/Brown/BrownDtb/
browndtb.html

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: July 2001
amended to  include RCRA Corrective Actions in November
2008.
Costs to enter program or fees for service: The state
charges a range of fees to cover its program administration,
including program audits.
CP initial certification	$ 2,500.00
CP renewal certification	$ 2,000.00
Laboratories initial certification	$ 5,000.00
Annual renewal fee for certified labs	$ 3,000.00
Certification for additional parameter groups, analytes, or
methods	$ 500.00
NFA reviews:
Option  1—Flat  Fee
Phase I NFA w/no releases identified	$ 2,980.00
Phase I NFA with asbestos as the only contaminant of
concern identified	$ 6,270.00
NFA which includes both a Phase I and Phase II assessment
(and an operation and maintenance plan and agreement, if
applicable)	$ 17,650.00
Variance from Applicable Standards  (in addition to the other
applicable NFA fees)	$22,400.00
Option 2—Pay-As-You-Go Option (PAYGO) allows the costs
associated with the NFA Letter review be directly billed to
the volunteer. The VAP charges a flat, nonrefundable fee to
enter the program under this option. The volunteer submits
an "Intent to Enter the VAP" letter to Ohio EPA along with the
$1,000 fee. VAP staff provide a cost estimate and a review
schedule to the volunteer following the kick-off  meeting. The
estimate is based on the anticipated review time needed to
review the documents. The current average hourly rate is
$72.60/hour.
In addition, the program may provide technical assistance at
an hourly rate to any party participating in the program.
Funding source for administrative costs and staff:
U.S. EPA grant, State Environmental Protection  Fee, and fees
for service.

Cleanup Activities
Sites currently in VCP: 386 NFAs have  been issued by CPs
since the inception of the program in 1994. Of these, 20 were
withdrawn  by the CPs, 17 were denied a  CNTS  by Ohio EPA,
30 did not  request a CNTS, and 65 are pending. In addition,
20 properties have provided notices of entry into the MOA
Track.
Sites completed under VCP: 254 properties have received
a CNTS from Ohio EPA.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):  Receiving a CNTS has been a major
incentive; also, the creation of the GOAF  and the CORF as
a source of funding for communities for site assessment and
brownfields cleanup and remediation. The tax abatement has
also been  an incentive.

Public Participation
Public participation  requirements (notice, comment
periods, etc.): The VAP is a totally voluntary program thus,
no public participation is required. The director's final action
issuing a CNS  is publicly noticed. However, for the MOA with
EPA, the CP and volunteer must follow a  step-wise process.
The first step is the notice  of entry stage which requires
submitting a Notice of Entry Form, setting up a document
repository  and  public noticing the entry into the MOA Track.
There is also a public notice step after the risk assessment
and remedial action plan have been completed.
Public participation activities  (hearing, meetings,
etc.):  N/A

Statutory Authorities
•  The Ohio Revised  Code (ORC) §3734 (Solid and
   Hazardous Waste Disposal) authorizes a cleanup fund
   and voluntary cleanup activities, and provides enforcement
   authorities.
•  ORC §3745 (Environmental Protection Agency) authorizes
   enforcement activities and citizen suits.
•  The ORC §3746 (Voluntary Action Program)  provides for a
   cleanup fund, and authorizes property transfer provisions
   and a voluntary cleanup program.
•  ORC §5301 (Environmental Covenants)  establishes the
   requirements for imposing activity and use limitations at
   remediated  properties.
•  ORC §6111 (Water Pollution  Control) authorizes
   enforcement activities.
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Wisconsin
 (genera fOnformation

   Contact: Darsi Foss
           Chief of the Brownfields and Outreach Section

  Address: Wisconsin Department of Natural Resources
           (WDNR)
           Remediation and Redevelopment Program
           101 South Webster Street, Box 7921
           Madison, Wl 53707-7921

           Wisconsin Department of Commerce
           (Commerce)
           5th Floor, 201 West Washington Avenue
           Madison, Wl 53707

    Phone: WDNR: 608 267 6713
           Commerce: 608 561  7714

       Fax: WDNR: 608 267 7646
           Commerce: 608 266 8969

     Email: darsi.foss@wisconsin.gov

  Web site: WDNR: http://dnr,wi.gov/org/aw/rr/

           Commerce: http://commerce.wi.gov/CD/CD-bfi-
           grants.html
Program Description
(VCP, brownfields, or related)
Brownfields definition: Wisconsin defines brownfields as
abandoned, idled, or under-used industrial or commercial
facilities or sites, the expansion or redevelopment of which
is adversely affected by actual or perceived environmental
contamination.
Program titles: All brownfields and voluntary cleanups
are conducted in accordance with the Remediation and
Redevelopment Program's comprehensive one cleanup
program, following the NR 700 rule series cleanup
requirements. On June 3, 2006, Wisconsin Act 418 became
effective; it contains additional incentives to promote the
cleanup and reuse of contaminated properties.
Liability relief provisions: Program offers two primary forms
of end-relief after cleanup is completed:
•  Case closure letters—Per ch. NR 726 for traditional
   cleanup process.
•  Certificates of Completion (COCs)—Voluntary Party
   Liability Exemption (1994; amended 1997,1999, and 2006)
   process with an exemption from liability that is transferable
   to new owners.
Wisconsin also offers liability exemptions for lenders,
local governments, and property owners impacted by
contamination from off site.
Wisconsin Act 418 expanded the environmental
liability protections that are already in place for local
governments and private parties who enter DNR's
Voluntary Party Liability Exemption (VPLE) process,
s. 292.15, Wis. Stats. The legislation broadens the
types of properties which may be eligible for a VPLE
to include waste disposal sites that are considered
"unlicensed solid waste landfills."
Wisconsin Act 418 created a new environmental liability
exemption for local governments that acquire title to
properties where an "unlicensed solid waste landfill" is
or may be  present on the property. The new exemption
in s. 292.24, Wis. Stats, is modeled on the spill law
exemption created in 1994 for local governments that
acquire properties through tax delinquency, for blight
or slum purposes, condemnation, or other specified
purposes.
Financial  incentives (grants, loans, tax provisions,
etc.): All the financial elements noted below are
available to all properties regardless of regulatory
status.
Legislative or program site eligibility
requirements: Any party, including a responsible
party (RP), is eligible to participate in the state's
comprehensive cleanup process, NR 700. Any type
of contamination site is eligible, including Leaking
Underground Storage Tank (LUST), hazardous waste,
and spill sites. In November 2006, WDNR and EPA
Region 5 signed the nation's most comprehensive One
Cleanup Program Memorandum of Agreement (MOA).
This  agreement clarifies that most contaminated
properties in Wisconsin may be cleaned up using the
state's  NR 700 process. (See the OCP MOA at
h ttp://dnr. wi. go v/org/a w/rr/clean up/ocp. h tm)
Sites where a person elects to address the known
environmental contamination go through the NR
700 process and receive a ch. NR 726 closure letter.
This  closure pathway comes with limited reopener
provisions for the area on the site that was addressed.
With respect to the VPLE process, after DNR approves
environmental investigation and cleanup of the entire
property, the voluntary party receives a COG and is
protected from future liability. Since 2001, parties can
use natural attenuation to get a COC if they pay an
environmental insurance fee through  state program.
Wisconsin offers other specific liability exemptions:
•  Lenders and Representatives - The law provides
   exemptions to lenders and representatives
   in certain situations, including when a lender
   forecloses on a contaminated property.
•  Local Governments - Municipalities acquiring
   properties through means such as tax delinquency,
   blight elimination, or eminent domain are  exempt
   from liability.
An Update from the States
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Wisconsin
•  Off-site Contamination - Property owners whose
   contamination comes from off-site sources are exempt
   from liability.
•  Assurance Letters - WDNR was given authority to issue
   a variety of assurance letters to clarify liability in various
   situations.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements,  dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Brownfields Site  Assessment Grant Program (SAG) -The
   WDNR annually  awards grants to local governments
   for site assessment, investigation, demolition, and tank
   removal; requires 20% match.
•  Brownfields Green  Space and  Public Facilities Grant
   Program - Grants are made available through the WDNR
   to assist local governments in environmental remediation
   of brownfields that will be  reused as greenspace,
   recreation areas, or used  by a  local government.
•  Blight  Elimination and Brownfields Redevelopment
   (BEBR) Grants-$13,141,000 (2009-2011 biennium) is
   available through Commerce for  public or private use, for
   investigation, cleanup, and redevelopment; 20% to 50%
   match required. This includes both state funds and federal
   Community Development  Block Grant (CDBG) funds.
•  Dry Cleaner Environmental Response Fund - Funded
   through industry  tax, will reimburse up to $500,000 per
   facility to clean up solvent discharges. The program is
   currently no longer accepting new applications.
•  Environmental Fund - The WDNR maintains a resource
   pool for state-funded cleanups at priority contamination
   sites, including some brownfields.
•  EPA-funded Revolving Loan and Grant Program - EPA
   awarded $2,500,000 to the Wisconsin Brownfields
   Coalition for the  Ready Reuse  Initiative, which can
   fund remediation at non-petroleum brownfield sites (in
   development). Of those funds,  $2,000,000 was provided
   through the American Recovery and Reinvestment Act.
   WDNR awards both loans and sub-grants.
Tax incentives (abatements, credits, etc.):
•  Business Improvement Districts (BIDs) - Use special tax
   assessments in designated districts to raise revenues
   for Phase I and II assessments, public improvements,
   redevelopment staff, and cleanup costs.
•  Environmental Remediation Tax Increment Financing -
   Districts can be created by local  governments to recoup
   investigation and remediation costs,  with increment based
   on value-added of the clean  site; eligible costs expanded
   in 1999 to include underground tanks, and container and
   asbestos removal.
•  Federal Tax Deduction - for both petroleum and hazardous
   substance discharges. WDNR provides letter of eligibility
   to eligible parties. This program is set to expire in 2010, but
   may be continued if Congress approves.
•  Counties (and Milwaukee) can cancel delinquent taxes if
   owner agrees to clean up contaminated property.
•  Counties (and Milwaukee) can transfer tax-delinquent
   brownfield property to a new owner if the new owner
   agrees to complete cleanup.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): The state
has developed the Wisconsin Brownfields Insurance Program
to provide insurance to businesses and local governments
that are cleaning up and developing brownfields, at http://dnr,
wi.gov/org/aw/rr/rbrownfields/wbip.htm.

Program Elements

Technical Elements
Methods/standards/controls: Wisconsin has performance-
based soil cleanup standards (NR 700 rule series) that
apply to all cleanup sites, including VPLE sites. A Risk-
Based Corrective Action (RBCA)-like process is in place;
applicants have a choice of cleanup standards for soil
contamination. A few numeric values are in rules, but a
cleanup may employ other site-specific cleanup standards, or
risk-based performance  standards. Ground water must meet
enforcement standards or demonstrate that  an adequate
source control remedy has been conducted  and that the
plume is stable or receding.
Contaminants covered/excluded:  No contaminants are
excluded.  Where federal requirements (RCRA, TSCA) apply,
Wisconsin's One Cleanup Program clarifies  state and federal
roles.
Use of long-term stewardship and institutional controls
(1C): In 2006, section 292.12, Wis. Stats., was amended
and broadened to change the way Wisconsin implements
institutional controls. Closures with residual contamination
and certain remedial action approvals include "continuing
obligations," legal requirements on the current property owner
(including new owners) to maintain certain safeguards. These
obligations include properly handling excavated contaminated
soil, obtaining state approval before constructing a water
supply well, and complying with other property-specific
obligations defined by the state, such as maintaining a
pavement cap over a contaminated area.
The three general situations where the state imposes
property-specific continuing oblications are:
•  When an engineering control  requires long-term
   maintenance;
•  When a building or other structure that inhibited full
   investigation of the contamination is removed and further
   investigation and cleanup becomes possible; and
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       State Brownfields and Voluntary Response Programs:

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Wisconsin
•  When the state imposes continuing obligations related
   to land use, such as industrial soil standards that are
   appropriate until the land use changes.
Continuing obligations are created in the state's closure or
remedial action plan approval and these documents are
available to the public around the clock in an online database.
   •  1C Tracking: Sites with continuing obligations are
     tracked using http://dnrmaps.wisconsin.gov/imf/imf.
     jsp?site=brrts2.
   •  1C Oversight: Each state regulatory agency has
     oversight for its own continuing obligations.
   •  1C Monitoring: WDNR audits 50 properties with
     continuing obligations per year using its EPA Section
     128(a) State Response Program funds. Each audit
     consists of a review of the state's file, an interview
     with the site owner, a visit to the property, a written
     summary, and ensuring return to compliance when
     necessary.

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  October 1995
and November 2006.
Costs to enter program or fees for service: There are fees
for most DNR oversight. Flat fees, per NR 749, range from
$500 to $1,250 depending on the type of technical review
requested in the traditional cleanup review process. The cost
for VPLE is a $250 application fee and an oversight fee for
DNR staff of over $80 per hour.
Funding source for administrative costs and staff:  DNR
staff who conduct program support and oversee cleanups
are funded from a range of sources, including program fees,
various EPA grants, and state funds.

Cleanup Activities
Sites currently in VCP:
•  More than 4,500 sites are being cleaned up in the
   traditional cleanup program, seeking closure letters.
•  More than 125 active sites are in the VPLE program,
   seeking certificates of completion.
Sites completed under VCP:  More than 22,700 sites
have received close-out letters and more than 85 sites have
received COCs.
Benefits (incentives to participate in the VCP, covenants
not to sue,etc.):  Commerce is brownfields grant program
has assisted with more than 160 brownfield projects and
awarded more than $70 million in brownfields grants, which
will result in:
•  Converting more than 1,500 acres of abandoned or
   underused environmentally contaminated sites into clean,
   viable properties;
•  An increase in more than $1.5 billion in taxable property
   values; and
•  The creation of more than 6,100 new jobs.
For WDNR's Site Assessment Grant (SAG) program:
•  440 grants awarded totaling $15 million
•  More than 496 storage tanks and containers
   removed
•  More than 590 structures and buildings demolished
•  More than 178 Phase I and 298 Phase 11
   environmental site assessments and 301 site
   investigations  conducted
•  199 Wisconsin communities assisted
•  1,562 acres of land addressed

Public Participation
Public participation requirements (notice, comment
periods, etc.): Established in ch. NR 714, Wis. Admin.
Code.
Public participation activities (hearing, meetings,
etc.): Established in ch. NR 714, Wis. Admin. Code,
and varies from project to project depending on site-
specific information and community interest.

Statutory Authorities
Wisconsin Statute chapter 292 includes the primary
authority for environmental cleanups in Wisconsin
including:
•  Cleanup requirements for responsible parties (s.
   292.11, Wis. Stats).
•  Liability exemptions  for local governments (s.
   292.11 (9)(e) and 292.23, Wis. Stats).
•  Responsibilities for sites with residual contamination
   at closure (s. 292.12, Wis. Stats).
•  Liability exemptions  for contamination from off-site
   (s. 292.13, Wis. Stats).
•  Liability exemption for voluntary cleanups (s. 292.15,
   Wis. Stats).
•  Liability exemption for lenders and representatives
   (s. 292.21, Wis. Stats).
•  Local government cost recovery cause of action (s.
   292.33, Wis. Stats).
The cleanup standards and regulations are in the ch.
NR 700 rule series of Wisconsin's Administrative Code
and ch. NR 140 has the requirements for ground water
cleanup. Chapter NR 168 has the requirements for
the Brownfields Site Assessment Grant; ch. NR 173
contains the  requirements for the Public Facilities and
Greenspace Grant program.
An Update from the States
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Arkansas
 (genera fOnformation
   Contact: Tamara Almand

  Address: Arkansas Department of Environmental
           Quality (ADEQ)
           5301 Northshore Drive
           North Little Rock, AR 72118-5317

    Phone: 501 682 0867

       Fax: 501 682 0565
     Email: almand@adeq.state.ar.us

  Web site: http://www.adeq.state.ar.us/hazwaste/bf/default.
           htm
Program Description
(VCP, brownfields, or related)
Brownfields definition: 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.
Program titles:
•  Arkansas Brownfields Program
•  Arkansas Brownfields Revolving  Loan Fund (RLF)
   Program
Liability relief  provisions:  The Implementing Agreement
(IA) establishes cleanup liabilities and obligations for the
abandoned site.
The brownfields participant is not relieved of any liability
for contamination later caused by the participant, or
contamination not intended to be addressed in the  IA, after
acquisition of legal title to the brownfield site.
A prospective purchaser of an abandoned site will not be
responsible for paying any fines or penalties levied  against
any person responsible for contamination on the abandoned
site prior to the IA with ADEQ.
Liability protection for the purchaser is based upon  a full
disclosure of environmental conditions at the property via the
Comprehensive Site Assessment. Should new information
become available after project completion, which was
intentionally withheld by the purchaser, the release of liability
is null and void. However, if the purchaser had no knowledge
of this new information, and the new information  relates to a
portion of the property addressed by the Comprehensive Site
Assessment and Agreement, it will become the responsibility
of ADEQ to address the issue, and take action, if necessary,
to remediate the problem.
The Brownfields Program is a voluntary program and can
therefore be "backed out of" at any point during the process.
But if the participant holds title to the property and should
fail to complete the remedial requirements explained in
the IA, he/she will continue to hold liability for any past
contamination found on the site. Also, if the environmental
conditions are somehow worsened by the program participant
during the project, ADEQ reserves the right to enforce the
agreement and require the participant to abate any threat to
human health and/or the environment which they caused or
exacerbated.
Financial  incentives (grants, loans, tax provisions,
etc.): Arkansas Brownfields Revolving  Loan Fund (RLF)
Program:
This low-interest funding is available for loans to  Brownfields
Program participants for cleanup costs  based on an ADEQ-
approved Comprehensive Site Assessment. Individual
loans will be available for up to $500,000 each. Although
assessment costs may be considered eligible in the future,
loans can currently be approved for purposes of cleanup
of non-petroleum, petroleum-only, and mixed petroleum
substances.
Legislative or program site eligibility requirements:
The Arkansas Brownfields Program:
•  Eligible applicants include individuals, companies, or
   lenders who do not hold (or have held) title to the property
   and are not responsible for contamination at the site.
•  Eligible properties include abandoned or underutilized
   industrial, commercial, or agricultural properties for which
   no responsible party can reasonably be pursued for
   cleanup.
Arkansas RLF Program:
•  Eligible applicants include private, public, and nonprofit
   organizations which are not responsible for or have not
   contributed to the contamination existing at the time of the
   application.
•  Eligible activities include those which involve the cleanup
   or assessment of a contaminated site.
•  Ineligible activities include examples of land acquisition,
   construction of a new building or infrastructure, marketing,
   ordinary operating expenses, site maintenance, and job
   training.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Arkansas RLF (see previous section)
Tax incentives (abatements, credits, etc.):  No information
available
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  No
information available
                                                                 State Brownfields and Voluntary Response Programs:

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Arkansas
Program Elements
Technical Elements
Methods/standards/controls: The state's cleanup
standards are based on a risk management process. No
single set of soil cleanup levels has been implemented and
site-specific factors are considered when developing action
levels. Cleanup goals may be met by reaching background
metals concentrations,  consulting EPA Region 6 Human
Health Media Specific Screening Levels, performing a
traditional human health risk assessment, or a combination of
all three options when appropriate.
Site-specific cleanup standards are established in lAs.
Ecological risk assessment  decisions are based on sediment
screening levels developed  by the National Oceanographic
and Atmospheric Administration. Factors in determining the
appropriate action levels for state, voluntary, and Resource
Conservation Recovery Act (RCRA) cleanups include
reasonably anticipated  future land use, the use of engineering
or institutional controls, human and/or ecological receptors,
water quality criteria, background levels, and Maximum
Contamination Level/Maximum Contaminant Level Goals
(MCLs/MCLGs). Numerical  risk goals range froml 0-4 to 10-6
for carcinogens and a Hazard Index of 1 for non-carcinogens.
Depending on the remaining risk, land use restrictions may
be specified in a site's IA and recorded  in the property deed.
Under the Voluntary Cleanup Law, an IA must be filed with
the clerk of the circuit court  in the county in which the site
is located. The IA is transferable to all subsequent owners,
and the  land use designated therein cannot be changed
without notifying ADEQ, which will revisit the associated risk
management decision.
Contaminants covered/excluded: The Arkansas RLF
establishes categories  of funding in connection to the types of
contaminants covered or excluded:
•  Category A—Funds may be used for environmental
   remediation activities at sites contaminated by non-
   petroleum hazardous substances (except in cases of co-
   mingled petroleum/non-petroleum wastes).
•  Category  B—Funds may be used for environmental
   remediation activities to address petroleum and/or non-
   petroleum contamination.
•  Category C—Funds may be used for environmental site
   assessment and remediation activities at petroleum and/or
   non-petroleum contaminated sites.
Use of long-term stewardship and institutional controls
(1C): Arkansas does not have a system to monitor or enforce
long-term stewardship and institutional controls. Institutional
controls are listed in the Arkansas Record of Brownfields
Projects, which is available on the Web site.
   •  1C Tracking, Oversight and  Monitoring: Arkansas
     does not have a system to track, monitor, or enforce
      ICs.
The following Web address is a direct link to the state's
public database that maintains an inventory of sites,
maps sites, and/or tracks institutional controls. This
link also provides additional information regarding
contaminated sites in the state.
http://www.adeq.state.ar.us/hazwaste/bf/ffRecordOfArk
ansasBrownfieldsProjects

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:
December 2000
Costs to enter program or fees for service: A fee
schedule has not been established for the Brownfields
Program.
Funding source for administrative costs and
staff: Funding for staff and administration comes from
federal grants/cooperative agreements.

Cleanup Activities
Sites currently in VCP: 65 sites currently in the
Brownfields Program.
Sites completed under VCP: 23 brownfields sites
completed as of August 14, 2009.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): Arkansas Brownfields
Program benefits to the participant include defining
legal and financial environmental liabilities early in
the process and obtaining a liability release for past
contamination addressed in the environmental site
assessment.

Public Participation
Public participation requirements (notice, comment
periods, etc.): State statutes and regulations provide
requirements for public notice, provisions for public
comment, hearings/meetings, and document availability
for all sites in the state, voluntary, and brownfields
cleanup programs.
Public participation activities (hearing, meetings,
etc.): Public meetings and/or fact sheets are provided
prior to major milestones on cleanup projects.

Statutory Authorities
•  Arkansas Voluntary Clean-Up Act, Arkansas Code
   Annotated §§8-7-1101 et seq.
•  Arkansas Hazardous Waste Management Act,
   Arkansas Code Annotated §8-7-201 et seq.
•  Arkansas Remedial Action Trust  Fund Act, Arkansas
   Code Annotated §8-7-501 etseq.
•  APC&EC Regulation 29 Brownfields
   Redevelopment.
An Update from the States
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Louisiana
GfenerafOnformation
Contact: Roger Gingles
Duane Wilson
Address:
Phone:
Fax:
E-mail:
Web site:
Louisiana Department of Environmental
Quality (DEQ)
P.O. Box 431 4
Baton Rouge, LA 70821 -431 4
2252193236
2252193239
brownfields@la.gov
www. deq. louisiana. aov/brownfields

Program Description
(VCP, brownfields, or related)
The Louisiana Voluntary Remediation Program (VRP)
provides a mechanism by which property owners (or potential
owners) or others can clean up contaminated properties and
receive a release of liability for further cleanup of historical
contamination at a site. This release of liability flows to future
owners of the property as well.
Through the VRP DEQ hopes to provide administrative,
technical and legal incentives in order to encourage the
redevelopment and reuse of brownfield properties.
Brownfields definition:  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.
Program titles:
•  Voluntary Remediation Program/Brownfields Initiative
•  Louisiana Risk Evaluation/Corrective Action Program
   (RECAP)
•  Louisiana Brownfields Cleanup Revolving Loan Fund
   (RLF)
Liability relief provisions:  In 1995, the Louisiana
Legislature passed Act 1092, known as the Voluntary
Investigation and Remedial Action law, which allows property
owners and other persons who clean up properties to risk-
based standards (see Louisiana RECAP) to get a Certificate
of Completion (COG) from DEQ. With this certificate, the
property owner and any subsequent owners of the property
are released from further liability under state law for the
past contamination at the site. In effect, the certificate
allows potential buyers to acquire and remediate brownfield
properties without fear of state Superfund liability.
La. R.S. 30:2285.1. Voluntary remedial actions; liability
exemption
•  Any person who is not otherwise a responsible person will
   not be liable for the discharge or disposal or threatened
   discharge or disposal of the hazardous substance or
   waste if the person undertakes and completes a remedial
   action to remove or remedy discharges or disposals
   and threatened discharges or disposals of hazardous
   substances and wastes at a property in accordance with
   a voluntary remedial  action plan approved in advance by
   the DEQ following public notice and the opportunity for a
   public hearing in the  affected community.
The exemption from liability also  applies to discharges or
disposals or threatened  discharges or disposals of hazardous
substances and hazardous wastes at the identified property
that are not required to be removed or remedied by the
approved voluntary remedial action plan if the requirements
of R.S. 30:2286 are met.
Exemption from liability  does not apply to the following:
•  Any person who undertakes or completes a voluntary
   remedial action plan  which he would otherwise have under
   any federal rule or regulation.
•  The liability of any person with respect to damage caused
   to third parties.
La. R.S. 30:2287. Performance liability: Provides that persons
specified in R.S. 30:2288 or R.S. 30:2288.1 (C) will not be
liable for aggravating or  contributing to any discharge or
disposal or threatened discharge or disposal identified in
an approved voluntary remedial action plan for the purpose
of R.S. 30:2289(1) as a  result of their performance of the
remedial actions required in accordance with the plan and
the direction of the secretary. There is no exemption  for
any liability for failure to  perform the work required by the
voluntary remedial action plan in a workman-like manner
and in accordance with  generally accepted standards of
performance and operation applicable to such remedial work.
La. R.S. 30:288. Persons exempt from liability:
Provides that  in addition to persons who undertake and
complete remedial actions, and subject to the provisions
of R.S. 30:2289, the exemption from liability applies to the
following persons when  the secretary issues the certificate  of
completion of remedial actions:
•  The owner of the identified property, if the owner  is not
   responsible for any discharge or disposal or threatened
   discharge or disposal identified in the approved voluntary
   remedial action plan.
•  A person who acquires or develops the identified property.
•  A successor or assign of any person to whom the liability
   exemption  applies.
Any person who provides financing for the implementation  of
a remedial action plan or for the development of the  identified
property in accordance with the applicable use restrictions
after completion and acceptance of the plan will not  be liable
for any damages, costs  or penalties unless that person is
considered to be a responsible person under the provisions of
the statute.
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        State Brownfields and Voluntary Response Programs:

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Louisiana
La. R.S. 30:2288.1. Voluntary remedial actions by responsible
persons: A responsible person who undertakes and
completes an approved remedial action plan will  be exempt
from liability if the remedial actions are undertaken and
completed in accordance with the statute.
The parties to whom the exemption from liability  is applied
once the secretary issues a Certificate of Completion are:
•  A person who acquires the identified immovable property
   after approval of the voluntary remedial action plan.
•  A successor or assign of a person to whom the liability
   exemption applies under this subsection.
Any person who provides financing for the implementation of
a remedial action plan or for the development of the identified
immovable property in accordance with the applicable use
restrictions after completion and acceptance of the plan will
not be liable for any damages, costs, or penalties unless such
person is considered to be a responsible person  under the
provisions of the statute.
La. R.S. 30:2289. Persons not exempt from liability:
•  A person who aggravates or contributes to a discharge or
   disposal or threatened discharge or disposal that was not
   remedied under an approved voluntary remedial action
   plan.
•  A person who was a responsible person under the statute
   for a discharge or disposal or threatened discharge or
   disposal identified in the approved voluntary remedial
   action plan before taking an action that would have made
   the person subject to the exemptions under R.S. 30:2288
   or R.S. 30:2288.1.
•  A person who obtains approval of a voluntary remedial
   action plan by fraud or misrepresentation, or by knowingly
   failing to disclose  material information, or who knows that
   approval was so obtained before taking an action that
   would have made the person subject to the exemptions
   from liability under R.S. 30:2288 or R.S. 30:2288.1.
Financial incentives (grants, loans, tax provisions,
etc.): Louisiana Brownfields Cleanup Revolving  Loan Fund.
Pilot programs have their own incentives.
Legislative or program site eligibility requirements: All
properties are eligible for participation in the VRP, except the
following:
•  Sites listed on the National Priorities List (NPL) or formally
   proposed to be listed.
•  Permitted hazardous waste management units (HWMU),
   however, if the HWMU is located within a larger site, then
   only that portion of the site inside the HWMU  is ineligible.
•  Trust-fund-eligible underground storage tank sites.
•  Sites that have pending, unresolved federal environmental
   enforcement actions (not simply cost-recovery actions)
   that are related to the proposed voluntary remediation.
All persons are eligible except that only non-responsible
persons (as defined in LAC 33:VI.903) are eligible to perform
voluntary remedial actions, using institutional controls.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs, etc.):
Louisiana Revolving Loan Fund (RLF).
Tax incentives (abatements, credits, etc.): Louisiana
Tax Credit Program for Remediating Certified
Brownfields Sites (aka: Brownfields Investor Tax Credit).
The Brownfields Investor Tax Credit was not renewed
by the Legislature and will expire on December 31,
2009.
Louisiana taxpayers are eligible to receive tax credits
to remediate state-certified brownfield sites under
legislation (S.B. 322) which became effective on July
1, 2005 and Act 392 of the 2007 Legislature which
became effective on January 1,  2008. Each taxpayer
is eligible to receive a 15% tax credit of the total
investment to complete a remedial investigation and
a 25-50% percent tax credit of the total investment
made to complete a voluntary remediation action. The
legislation authorizes a 10-year  carry forward of the
credit but prohibits the amount of the tax credit applied
by a taxpayer from exceeding the amount of taxes due
in a taxable period. The amount of the credit is also
fully transferable (may be sold or traded) for ten years.
The bill prohibits the party or landowner responsible for
contamination from applying for the credit or receiving a
transfer of the credit. Tax credits also will not be issued
if a taxpayer terminates an investigation or remediation.
The text of the  Louisiana bill granting tax credits for
remediating certified brownfield  sites is available at:
h ttp://www. I eg is. state. I a. us
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  No
information available

Program Elements

Technical Elements
Methods/standards/controls:  104to 106 and Hazard
Index of 1; three tiers of Management Options under
RECAP  (a risk-based system in Louisiana).
Contaminants covered/excluded:  No restrictions
based on contaminants; petroleum, asbestos, lead
paint, polychlorinated biphenyls (PCBs) are all covered.
Asbestos and lead paint abatement sites where there
is no release to the environment are not eligible for
VRP participation  (i.e., only indoor abatement site are
eligible).
Use of long-term stewardship and institutional
controls (1C):  Use restrictions for partial voluntary
remedial actions.
An Update from the States

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Louisiana
   •  1C Tracking: Institutional controls are tracked through
     the general site management database.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.deq.louisiana.gOV/portal/Portals/0/
RemediationServices/VRP/form 5226 r07.pdf

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  October 2004
Costs to enter program or fees for service: $500.
Applicant must reimburse DEQ for the actual direct costs of
oversight.
Waivers for oversight costs are available to government and
nonprofit VRP applicants as funding permits.
Funding source for administrative costs and staff:  EPA
grants (90%) and state cleanup fund (10%).

Cleanup Activities
Sites currently in VRP: 57
Sites completed under VRP:  COCs issued: 40; No Further
Action (NFA) letters issued: 11
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):  No information available

Public Participation
Public participation requirements (notice, comment
periods, etc.): After a satisfactory review, the Voluntary
Remediation Application is accepted for public review and the
Voluntary Remedial Action Plan must undergo 30-day public
notice and comment period. The participant must place this
public notice in the local newspaper and must also provide a
direct notice of the plan to  adjacent landowners by certified
mail.
La. R.S. 30:2286. Partial remedial action plans: Provides that
the owners of land subject to a partial remediation  will impose
use restrictions on the future use of the property as may be
determined by the secretary to be necessary to prevent a
significant threat to public health, safety,  and welfare  and to
the environment. No land may be  partially  remediated unless
such restrictions are imposed and recorded as stipulated
in the statute. The provision states that the secretary shall
determine the use restrictions and may conduct public
hearings for the purpose of determining the reasonableness
and appropriateness of such restrictions in the parish where
the land is located.
LAC33:VI §911 (C),(D),(E), and (F) detail the requirements for
public review,  public notice, public hearing  and comment.
Public participation activities (hearings, meetings, etc.):
No information available

Statutory Authorities
•  Louisiana Voluntary Investigation and Remedial Action
   (VIRA) statute (La. R.S. 30:2285-2290).
•  Louisiana Voluntary Remediation Regulations (LAC 33:VI)
                                                                  State Brownfields and Voluntary Response Programs:

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New Mexico
 (genera fOnformation
   Contact: Alex Puglisi
  Address: New Mexico Environment Department
           (NMED)
           Harold Runnels Building Room, N2250
           1190 St. Francis Drive
           P.O. Box 26110
           Santa Fe, NM 87502

    Phone: 5058272754

       Fax: 505 827 2965
     Email: alex.puglisi@state.nm.us

  Web site: http://www.nmenv.state.nm.us
Program Description
(VCP, brownfields, or related)
On July 15, 1999, the New Mexico Environment Department
(NMED or Department) introduced the Voluntary Remediation
Program (VRP), intended to promote the voluntary cleanup of
contaminated properties. The VRP is intended to encourage
redevelopment of contaminated sites (i.e., brownfields) by
providing a streamlined, non-punitive remediation process.
Brownfields definition: Abandoned, idled or underutilized
industrial or commercial sites, where expansion or
reuse is complicated by real or perceived environmental
contamination. Although, inner city images may come to
mind, in a largely rural state such as New Mexico, many sites
meeting this definition are in rural locations.
Program titles: The VRP is part of the  Remediation
Oversight Section of the Ground Water Quality Bureau.
Liability relief provisions:  Secretary issues a Certificate
of Completion or a Conditional Certificate of Completion
(COC) for a site, and provides a Covenant Not to Sue (CNS)
to a purchaser or prospective purchaser of the site that
did not contribute to the site contamination, for any direct
liability, including future liability for claims based upon the
contamination covered by the agreement and over which the
department has authority. Except as may be provided under
federal law or as may be agreed to by a federal government
entity, the CNS shall not release or otherwise apply to claims
by the federal government for claims based on federal law.
Except as may be agreed to by another department or
agency of the state, the CNS shall not release or otherwise
apply to claims of any other office, department or agency of
the state. Except as may be agreed to by a third party, the
CNS shall not release or otherwise affect a person's liability to
third parties. Liability protection for lenders exists.
Financial incentives (grants, loans, tax provisions,
etc.):  Municipality-owned brownfields are eligible for
low interest loans from Clean Water State Revolving
Fund. EPA-capitalized Brownfields Cleanup Revolving
Loan Fund (RLF) makes low-interest loans available to
developers and municipalities for site cleanup activities.
For Federal Fiscal Year 2010, NMED received $1.84
million in American Recovery and Reinvestment Act
(ARRA) RLF Funds. Targeted Brownfields Assessment
(TBA) funds are available to NMED to conduct
Phase I and II assessments at municipally-owned
sites and Phase III limited remediation. New Mexico
brownfield sites are eligible for federal tax incentives
and Leadership in Energy and Environmental Design
(LEED) credits toward sustainable sites for brownfields
redevelopment.
Legislative or program site eligibility requirements:
To be eligible for a voluntary remediation agreement
an applicant must: 1) own the site; 2) operate a facility
located on the site; 3) be a prospective owner of the
site; or 4) be a prospective operator of a facility at the
site. If the applicant is not the site owner, permission
must be granted in writing by the site owner for site to
be entered into the VRP.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs,
etc.):  No information available
Tax incentives (abatements, credits, etc.): No
information available
Other forms of support (environmental insurance,
brownfields  redevelopment authorities, etc.): No
information available

Program Elements

Technical Elements
Methods/standards/controls: Risk-Based Corrective
Action (RBCA)-like process in place, applicants
chose from statewide soil guidelines, background
concentrations, or a site specific RBCA-like process.
The state has developed a "look up" process for soil
contaminants.
Contaminants covered/excluded: Does not restrict
on the basis of contaminants.
Use of long-term stewardship and institutional
controls: Regulations allow use of post completion
monitoring, engineering controls, remediation systems,
post closure care, or an affirmation of future non
residential land use.
An Update from the States

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New  Mexico
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.nmenv.state.nm.us/gwb/NMED-GWQB-
RemediationOversight.htm

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:
December 1999
Costs to enter program or fees for service: $1,000
application fee, and payment to NMED for oversight charges
at the rate of $90/hour.
Funding source for administrative costs and staff:  EPA
grant and fees collected for NMED oversight of VRP projects.

Cleanup Activities
Sites currently in VCP: 28 active
Sites completed under VCP: 47 closed
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Enforcement shield, Certificate of
Completion or Conditional Certification of Completion,
Covenant Not to Sue, specialized attention from NMED staff,
and liability release for lenders.

Public Participation
Public participation requirements (notice, comment
periods, etc.): Before the voluntary remediation agreement
becomes finalized, the applicant must: 1) make the proposed
voluntary remediation agreement and preliminary work plan
available for public inspection within ten days  of  the receipt
of the conditional eligibility determination from NMED; and 2)
notify the following entities and advise them of the proposed
voluntary remediation agreement, the location where the
proposed agreement and work plan can be reviewed, and
the opportunity to submit comments to NMED: (a) any
governmental agency potentially affected by the proposed
agreement, (b) those parties that have requested notification,
(c) the general public by posting a notice at the site, and by
publishing a notice in a newspaper of general circulation
in the state and a newspaper published in the area where
the site is located (in the legal advertisements section of
the newspaper, and if NMED determines, in both English
and Spanish). Must include in the notice: name,  location,
description of the remediation activities, address to submit
comments, address, and phone for questions.
Public participation activities (hearing, meetings, etc.):
The secretary shall provide a comment period of at least 30
calendar days following publication of the newspaper notice,
during which any interested person may submit a request for
public meeting. A public meeting will be held at the applicant's
expense if the secretary determines that there is significant
public interest. If a public meeting is held, the applicant
must, at least 10 days before the meeting, mail a notice to all
persons who have submitted written comments  or a request
for public  meeting, and publish the notice in a newspaper of
general circulation in the state and a newspaper published in
the local area.

Statutory Authorities
•  NMSA 1978, §74-4G-1 et seq, the Voluntary Remediation
   Act
•  New Mexico Voluntary Remediation Regulations (20.6.3
   NMAC)
                                                                 State Brownfields and Voluntary Response Programs:

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Oklahoma
 (genera fOnformation
   Contact: Rita R. Kottke, Ph.D., Brownfields Program
           Manager
  Address: Oklahoma Department of Environmental
           Quality (DEQ)
           Land Protection Division
           P.O. Box 1677
           Oklahoma City, OK 73101 -1677
    Phone: 4057025157
       Fax: 4057025101
  Web site: http://www.deq.state.ok.us/lpdnew/brownfindex.
           html
Program Description
(VCP, brownfields, or related)
The Brownfields Program provides a means for private
parties and government entities to voluntarily investigate and
if warranted, clean up properties that may be contaminated
by pollution. The brownfield process includes a Memorandum
of Agreement and Consent Order (MACO) for Site
Characterization as well as a Consent Order for Remediation.
The formal Brownfields Program provides specific state
liability relief and protects the property from federal Superfund
actions.
Brownfields definition: Abandoned, idled, or underused
industrial or commercial facility or other real property at
which expansion or redevelopment of the real property is
complicated by pollution.
Program titles:
•  Brownfields Program
Liability relief provisions:  For completed brownfields
actions,  once the Certificate of Completion or Certificate of
No Action Necessary has been issued, DEQ is prohibited
from assessing administrative penalties or pursuing civil
actions associated with the contamination that was the
subject of the consent order against any lender, lessee, or
successor or assign if that person is in compliance with any
post-certification conditions or requirements as specified
in the consent order, Certificate of No Action Necessary, or
Certificate of Completion.
If the applicant knowingly submits false or materially
misleading information, the consent order, Certificate of
Completion, or Certificate of No Action will be voidable, and
the offending party may be subject to administrative, civil, or
criminal  action.
An applicant to whom a Brownfields Certificate has
been issued and the applicant's lenders, lessees, or
successors or assigns are not subject to civil liability
with regard to the remedial actions taken by the
applicant for environmental contamination caused
by pollution as required by the consent order if the
remedial action is not performed in a reckless or
negligent manner.
In cases where an applicant conducts a voluntary
brownfields remediation in conjunction with a party
responsible for the contamination, the responsible party
is also released from liability to the same extent as the
applicant.
Release from liability does not apply to: 1) any
environmental contamination and consequences
thereof that the applicant causes or has caused outside
the scope of the consent order or the certificate issued
by the DEQ; 2) any contamination caused or resulting
from any subsequent redevelopment of the property;
3) existing contamination caused by pollution not
addressed prior to issuance of the certificate; or 4)
any person responsible for contamination who has not
participated in the voluntary remediation.
Cost to participate in the program: Program participants
must reimburse the DEQ for its oversight costs.
Financial incentives (grants, loans, tax provisions,
etc.):
•  Brownfields projects in urban areas that have,  or
   have submitted an application for, a storm-water
   discharge permit may be eligible for the Clean  Water
   State Revolving Fund (CWSRF) administered  by the
   Oklahoma Water Resources Board.
•  Oklahoma Quality Jobs Act provides quarterly
   incentive payments for 10 years to firms who
   locate their principle business on a minimum 10-
   acre site that qualifies as a National Priorities List
   (NPL) site, a Superfund removal site,  an official
   Superfund deferral site, or has been determined
   by the Department of Environmental Quality to be
   contaminated by any substance regulated by a
   federal or state statute governing environmental
   conditions for real property pursuant to an order of
   the Department of Environmental Quality.
•  Brownfields Cleanup Revolving Loan  Fund (BCRLF)
   is available and provides low interest loans to clean
   up contaminated properties.
Legislative or program site eligibility requirements
for Brownfields Program: Ineligible parties are
those who:  1) are responsible for corrective action on
the real property under an EPA order or agreement;
2) are not in substantial compliance with a final state,
federal, or court order relating to the management of
pollution; or 3) demonstrate a pattern of uncorrected
noncompliance.
An Update from the States
                                                                                                              99

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Oklahoma
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to Brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): DEQ provides Targeted
Brownfield Assessments to public entities and nonprofit
groups. Low interest loan programs are available for cleanup.
Public and private entities may obtain low interest loans
from the BCRLF. Also, municipalities may be  eligible to
receive CWSRF for the remediation of brownfield sites if
contamination of the sites potentially impacts water quality.
Tax incentives (abatements, credits, etc.): Oklahoma
Sales Tax Code exempts  state sales tax on machinery, fuel,
chemicals, and equipment used in cleanup projects.
Other forms of support  (environmental insurance,
brownfields redevelopment authorities, etc.): DEQ
provides technical assistance to parties who wish to clean
up and redevelop contaminated  properties. Staff members
have extensive experience in the cleanup and redevelopment
of brownfield sites and can provide guidance to potential
program participants.

Program Elements

Technical Elements
Methods/standards/controls:  Risk-Based Corrective Action
(RBCA)-type processes in place. Brownfields Programs
feature a  risk-based system based on the proposed future
use of the site to determine if cleanup is needed and if so,
provide cleanup goals for the chemicals  of concern. The DEQ
uses a three-tiered approach: 1) sampling data is compared
to screening  levels;  2) if data are higher than  screening levels,
state will generate conservative  default cleanup levels using
EPA Risk Assessment Guidelines for Superfund (RAGS)-
based methodology; or 3) applicants may choose to do a
risk assessment with state oversight to determine adequate
cleanup goals.
Contaminants covered/excluded: The State Legislature
broadened the  definition of brownfield sites by opening it up
to all sites affected by pollution. However, the Brownfields
Program will  refer applicants to other agencies if the
jurisdictional issues indicate that another agency could better
serve the applicant.
Use of long-term stewardship and institutional controls
(1C): Institutional  controls (1C) are allowed if they adequately
protect the public. DEQ has authority to implement land
use controls, if  necessary. DEQ  is working to implement an
institutional control geographic information system (GIS)
database to accurately track the institutional controls in the
state.
   •  1C Tracking: DEQ internally tracks active sites, and
     completed sites and sites scheduled for completion
     in the next year are added to the Brownfield Public
     Record. When the certificate is issued the site is
     entered into the 1C database. When the 1C database
     and new Web based dataviewer is added to the DEQ
     Web site, the  public will be able to access information
     regarding brownfield sites and all the ICs in place on
     the properties.
   • 1C Oversight: DEQ oversees the project from site
     characterization to any required after-action, long-term
     monitoring. Participants must reimburse the DEQ for its
     oversight costs.
   •  1C Monitoring: If long-term monitoring is required at a
     site, a plan must be in place for long-term management,
     including a plan for payment of associated expenses
     and a contingency plan if contamination does not
     diminish overtime, prior to a Brownfield Certificate
     being issued.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.deq.state.ok.us/lpdnew/Brownfields/
PublicRecordBrownfields.pdf

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  April 1999
Costs to enter program or fees for service: DEQ requires
reimbursement of its oversight costs from the participant.
Estimated oversight costs are negotiated in the consent
orders and the participant is required to set up an account
with DEQ to cover oversight expenses.
Funding source for administrative costs and staff:
General administrative costs are currently funded by EPA
grants.
TOO
       State Brownfields and Voluntary Response Programs:

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Cleanup Activities
Sites currently in the site characterization phase with an
option to pursue the Brownfields Program: 18
Sites currently in the formal brownfields certification
process: 5
Sites completed under Brownfields: 6 Brownfields
Certificates of No Action Necessary have been issued. 9
Brownfields Certificates of Completion have been issued.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): DEQ is prohibited from assessing
administrative penalties or pursuing civil  actions associated
with the contamination that was the subject of the consent
order against any lender, lessee, or successor or assign
if that person is in compliance with any post-certification
conditions or requirements as specified in the consent
order, Certificate of No Action Necessary, or Certificate of
Completion. EPA is barred from pursuing Comprehensive
Environmental Response Compensation and Liability Act
(CERCLA) enforcement actions on the property.

Public Participation
Public  participation requirements (notice, comment
periods, etc.): Brownfields Program requires notice to
the public of the availability of the project's Proposed Plan
for public review and a 30-day public comment period. If
someone from the public requests a meeting to discuss the
plan, DEQ may hold a public meeting. Notice of the meeting
must be published in a local paper 30  days prior to the
meeting.
Public  participation activities (hearing, meetings,
etc.): Brownfields Program allows for public meetings.
Meeting proceedings are recorded and documented. RLF
requires formal Community  Relations  Plan.

Statutory Authorities
Oklahoma Brownfields Voluntary Redevelopment Act (27A
OS §2-15-101 through 110.
The Oklahoma Corporation  Commission (OCC) is developing
a Petroleum Brownfield Program for its jurisdictional cleanups.
The program is in its infancy and OCC does not have an
MOA with EPA. Contact for the Program: Patricia Billingsley,
Oklahoma Corporation Commission, Brownfields Program,
405-522-2758.
An Update from the States                                                                                      101

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Texas
 (genera fOnformation

   Contact: Ashley Forbes, VCP- Manager

  Address: Texas Commission on Environmental Quality
           (TCEQ)
           Voluntary Cleanup Program
           MC221
           P.O. Box 13087
           Austin, Texas 78711 -3087

    Phone: 5122390493

       Fax: 5122391212

  Web site: http://www,tceq.state,tx,us/remediation/vcp/vcp,
           html

 Contact: Christine Whitney, Brownfields Program Manager

 Address: Texas Commission on Environmental Quality
          (TCEQ)
          Brownfields Site Assessment Program
          MC221
          P.O. Box 13087
          Austin, Texas 78711 -3087

    Phone: 5122390843

       Fax: 512 239 1212

  Web site: http://www.tceq.state.tx.us/remediation/bsa/bsa.
           html
Program Description
(VCP, brownfields, or related)
In Texas, many former industrial properties lie dormant or
underutilized due to liability associated with real or perceived
contamination. These properties are broadly referred to
as brownfields. TCEQ in close partnership with EPA and
other federal, state, and local redevelopment  agencies,
and stakeholders, is facilitating cleanup, transferability, and
revitalization of brownfields through the development of
regulatory, tax, and technical assistance tools.
Brownfields definition: No specific definition, but
brownfields are described as properties with perceived
contamination.
Program titles:
•  Voluntary Cleanup Program (VCP)
•  Innocent Owner/Operator Program (IOP)
•  Brownfields Site Assessment Program
Liability relief provisions:  After completion of the cleanup,
parties will receive a  Certificate of Completion (COG) from
TCEQ, which states that all non-responsible parties are
released from all liability to the state for cleanup of areas
covered. The IOP was created by House Bill 2776 of the 75th
Legislature, and provides a certificate to an innocent owner or
operator, under the Texas Health and Safety Code or Water
Code, if their property has become contaminated as a result
of a release or migration of contaminants from a source or
sources not located on the property, and they did not cause
or contribute to the source or sources of contamination. Like
the VCP, the IOP can be used as a redevelopment tool or as
a way to add value to a contaminated property by providing
a certificate that confirms an innocent owner or operator is
entitled to immunity from liability.
Financial incentives (grants, loans, tax provisions,
etc.): None other than tax incentives described later.
Legislative or program site eligibility requirements:
Parties entering the VCP must submit an application, an
environmental site assessment describing the contaminated
area of concern, and a $1,000 fee. Upon acceptance,
the applicant must sign an agreement that describes the
work schedule of events necessary to achieve cleanup,
and confirms that the applicant has agreed to pay all VCP
oversight costs. After completion of the cleanup,  parties
will receive a COG which states that all  lenders and future
landowners who are not responsible parties are released
from all liability to the state for cleanup of areas covered by
the certificate.
All sites are eligible for participation in the VCP, except the
following:
• Sites subject to a permit concerning  the remediation of the
  contaminant.
• Sites subject to a commission order concerning the
  remediation of the contamination.
• Sites listed on the National Priorities List (NPL) or formally
  proposed for  listing.

Financial Elements
Assessment and  cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug  labs, etc.):  The Petroleum Storage
Tank Remediation  (PSTR) Fund is supported by a fee on
gasoline and other fuels at bulk distribution facilities. The
state uses this fund to reimburse responsible parties for the
costs of corrective actions of releases from aboveground
or underground storage tanks. Under the Brownfields Site
Assessment Program, TCEQ will direct  the completion of
a limited number of federally funded site assessments for
qualifying local governments and  nonprofit groups in Texas.
The Dry Cleaning  Program is supported by fees  on dry
cleaning solvents and  dry cleaning facilities. The program
will perform corrective action of releases from dry cleaning
facilities.
                                                                 State Brownfields and Voluntary Response Programs:

-------
Texas
Tax incentives (abatements, credits, etc.): In addition to
federal tax incentives (expense remediation expenditure),
some local governments within the state offer ad valorem
property tax abatements to attract brownfields cleanup and
redevelopment. Senate Bill 1596 and House Bill 1239 of
the 75th Texas Legislative Session added Section 312.211
to the Texas Tax Code. This section allows municipal or
county taxing authorities to provide property tax relief for
the development or redevelopment of certain brownfields
properties that are located within  a reinvestment zone and
have been cleaned up through the VCR To be eligible, the
real property must: 1) be located in a reinvestment zone
created under Section 311 of the Texas Tax Code; 2)  not be in
an improvement project financed by tax increment bonds; and
3) have received a COG from the VCR The governing body
must enter into a tax abatement agreement with the owner
of the brownfields property. The governing body is allowed
to exempt from taxation: 1) not more than 100% of the value
of the property in the first year covered by the agreement;
2) not more than 75% of the value of the property in the
second year covered by the agreement; 3) not more than
50% of the value of the property in the third year covered by
the agreement; and 4) not more than 25% of the value of the
property in the fourth year covered by the agreement.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  Through
its relationship with EPA, TCEQ is able to provide technical
advice, education,  and project partnering (including
partnering with other federal and state agencies) for
some brownfields redevelopment projects owned by local
governments, or where the local government is playing a key
role in the redevelopment. Other tools that may be available in
the future to help pay for investigations and  cleanups include
the Brownfields Site Assessments and revolving  loan funds/
grants.

Program Elements

Technical Elements
Methods/standards/controls: The Texas Risk Reduction
Program (TRRP) follows a Risk-Based Corrective Action
process (RCBA) that allows for the use of engineering
and institutional controls. A VCP applicant may use state
developed cleanup levels or site specific data to develop site
specific cleanup levels.
Contaminants covered/excluded: All contaminants in  soil
and ground water OK, except those under the jurisdiction of
the Texas Railroad Commission.
Use of long-term  stewardship and institutional controls
(1C):  Institutional controls must be placed on a property
record for a site that uses commercial/industrial risk-based
standards, and for  any property that relies on the use of
physical control  (e.g., cap or remediation system) to prevent
exposure.
The following Web address is a direct link to the state's
public database that maintains an inventory of sites,
maps sites, and/or tracks institutional controls. This
link also provides additional information regarding
contaminated sites in the state.
h ttp://www. tceq. sta te. tx. us/remedia tion/vcp/vcp.
html#Database

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  May
1996
Costs to enter program or fees for service: $1,000
application fee and applicant must reimburse TCEQ for
the direct costs of oversight.
Funding source for administrative costs and
staff: State remediation funds and EPA grant.

Cleanup Activities
Sites currently in VCP: Through June 2009, the
VCP had received 2,093 applications representing dry
cleaners, manufacturing facilities, shopping centers,
warehouses, auto-related businesses, and other
commercial and industrial enterprises.
Sites completed under VCP: Of these sites, 1,427
have been issued Final Certificates of Completion.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): After completion of
cleanup and receiving COC,  innocent owner or operator
is immune to liability.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  No information available
Public participation activities (hearing, meetings,
etc.): No information available

Statutory Authorities
•  Texas Health and Safety Code,  Chapter 361, Sec.
   361.602.
•  Voluntary Cleanup Program 30 Texas Administrative
   Code §333.
•  VCP 30 Texas Administrative Code §350.
•  Texas Risk Reduction  Program  (TRRP) effective
   September 23, 1999 (24TexReg7415).
An Update from the States
                                                                                                             10-3

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Iowa
 genera fOnformatton
   Contact: Mel Pins

  Address: Iowa Department of Natural Resources (DNR)
           Wallace State Office Building
           Des Moines, IA50319

    Phone: 515281 8489

       Fax: 515281 8895

     Email: mel.pins@dnr.iowa.gov

  Web site: http://www.iowabrownfields.com (Iowa
           Department of Natural Resources)

           http://www.iowalifechanging.com/business/
           brownfields.html
           (Iowa Department of Economic Development
           Brownfields page)
Program Description
(VCP, brownfields, or related)
Brownfields definition: Federal definition as of January
2002.
Program titles:  Land Recycling Program (LRP), established
in 1997, and Iowa Brownfield Redevelopment Program (est.
2004)
Liability relief provisions:  Offers No Further Action (NFA),
transferable to new owner.
Financial incentives (grants, loans, tax provisions, etc.)
•  Grants for Phase I and Phase II assessment; 50% cleanup
   match up to $25,000 - DNR
•  Revolving loan fund with 60% loan, 40% forgivable loan
   terms - DNR
•  Brownfield Redevelopment Tax Credits - Iowa Department
   of Economic Development
•  Brownfield Assessment and Cleanup Grants of up to 25%
   - Iowa Department of Economic Development
Legislative or program site eligibility requirements:
•  Funds are available to local governments, nonprofits, and
   area development corporations (must be non-responsible
   parties) that wish to acquire and redevelop brownfield
   sites.
•  Any interested party may enroll in the Land Recycling
   Program, if they desire to receive regulatory liability
   protection for contamination that may be on properties
   they wish to acquire, or in cases where  the property is
   there own and the site is not a National  Priorities List
   (NPL) site or is not being addressed under a criminal or
   other civil court order.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  The Hazardous Waste Remedial (HWR) Fund may be
   used for administration, site investigation, emergency
   response, removals, remedial actions, operations and
   maintenance, Comprehensive Environmental Response
   Compensation and Liability Act (CERCLA) match, studies
   and design, and grants to local governments. Seventy five
   percent of the Fund must be used for remediation at non-
   CERCLA sites and for CERCLA cost share.
•  Iowa received funding through the CERCLA 128(a) State
   and Tribal Response Program Grant. Iowa's grant focuses
   on small and rural communities in the state;  grant funds
   can be used for Phase I and Phase II due diligence site
   checks and small-scale cleanups at brownfield sites.
•  Brownfields Cleanup Revolving Loan Fund (RLF),
   established through an FY04 EPA grant. Provides a total
   of $250,000 to be distributed to eligible cleanup projects
   through flexible, and partially forgivable loan terms.
Tax incentives (abatements, credits, etc.): Brownfield
redevelopment tax credits available through the Iowa
Department of Economic Development, through legislation
enacted in 2008.  See www.iowalifechanging.com for more
information.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available

Program Elements

Technical Elements
Methods/standards/controls:
•  State uses statewide,  background, and site specific
   standards. Site specific standards are risk based.
•  Cleanup decisions are made on a site by site basis.
   State regulations do provide  cleanup goals for ground
   water and surface water. State cleanups may use
   promulgated Ground Water Action Levels based  on lifetime
   health advisories, negligible risk levels, and Maximum
   Contamination Levels (MCLs) (Admin. Code §567.133),
   but these are not usually used for hazardous site cleanups.
   Risk assessment is used to determine applicable cleanup
   levels if ground water contamination exceeds action levels.
   There is no established risk range set out in  state policy.
   Under the voluntary program detailed regulations are
   being developed to set out cleanup levels. Such cleanups
   will use risk assessment, background levels, ground water
   standards, and soil standards per state law.
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       State Brownfields and Voluntary Response Programs:

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Iowa
Contaminants covered/excluded: Any contaminant that
has appropriate toxicity information available, and is not being
addressed under separate authority.
Use of long-term stewardship and institutional controls
(1C): Statutorily based environmental protection easement
(EPE) is required for use with non-residential standards. May
be possible to move the point of compliance with standards
outside of area with an institutional control or appeal to a
less restrictive standard with an institutional control. Use of
an institutional control may not be allowed to address free
product or "gross contamination."
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.iowadnr.com/land/consites/index.html

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  June 2004
Costs to enter program or fees for service: For funding,
the state will charge fees for oversight of enrollees in the
state's voluntary cleanup program (known  as the Land
Recycling Program). There is an initial $750 application fee,
and reimbursement of actual state oversight costs is capped
at $7,500.
Funding source for administrative costs and staff: The
Contaminated Sites Section of the DNR is responsible for
program administration. There are currently 12 full-time
employees (FTE). Legal support is provided by 0.5 FTE
attorneys in DNR's Compliance and Enforcement Bureau.
Sixty nine percent of funds for staff and administration are
from federal  grants, 5% are from the state  cleanup fund, and
26% from Responsible Parties (RP) for oversight cost.

Cleanup Activities
Sites currently in VCP: 38 sites are currently enrolled in the
Land Recycling Program. Several other sites are also listed
with the state's contaminated sites program.
Sites completed under VCP:  2009, 54 sites completed the
VCP.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): VCP participants receive a certificate of
no further action if cleanup of affected areas and identified
contaminants is completed to statewide standards, or if
institutional or engineering controls are enacted in  lieu of
direct cleanup.  The certificate provides future regulatory
liability protection from both DNR and EPA for contaminants
addressed within the VCP enrollment.
Public Participation
Public participation requirements (notice, comment
periods, etc.): The voluntary cleanup law (455H)
provides for public notice. But provisions for public
comment, hearings, and meetings are handled as
a matter of policy under both the enforcement and
voluntary programs. Document availability requirements
are established by a general statute.
Public participation activities (hearing, meetings,
etc.): Ongoing, per site project. See above.

Statutory Authorities
•  The Environmental Quality Act (EQA), Iowa
   Code Ch. 381-397 and 455B 423-431  (1972, as
   amended 1979, 1981, 1984, 1987, and 1991),
   establishes the Hazardous Waste Remedial Fund,
   provides cleanup and enforcement authorities for
   abandoned sites, establishes a priority list, allows for
   citizen suits and water replacement, provides for site
   registry, and restricts property transfers. Significant
   amendments concerning cleanup authority for
   abandoned and uncontrolled sites were enacted
   in 1979, 1981, and 1987. A 1984 amendment
   established the Hazardous Waste Remedial Fund.
•  The Groundwater Protection Act, Iowa Code Ch.
   455E (1987), establishes procedures and criteria for
   cleanup of ground water.
•  The Groundwater Hazard Documentation Law,
   Iowa Code Ch. 558.69 (1987, as amended 1988),
   establishes disclosure requirements for real property
   transfers.
•  The Land Recycling and Environmental
   Remediation Standards Act, Iowa Code Ch. 455H
   (1997), establishes a voluntary cleanup program for
   the state.
An Update from the States
                                                   105

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Kansas
 GfenerafOnformation

  Contact: Rick Bean, Chief, Remedial Section
  Address: Remedial Section
           Kansas Department of Health and
           Environment (KDHE)
           Bureau of Environmental Remediation
           1000 SW Jackson,  Suite 410
           Topeka, KS 66612-1367
    Phone: 785296 1675
      Fax: 785 296 7030
    Email: rbean@kdhe.state.ks.us
  Web site: http://www.kdheks.gov/remedial/index.html
  Contact: Jerry Lineback, Unit  Leader, Voluntary Cleanup Unit
  Address: Remedial Section
           Voluntary Cleanup  and Property
           Redevelopment Program
           Kansas Department of Health and
           Environment (KDHE)
           Bureau of Environmental Remediation
           1000 SW Jackson,  Suite 410
           Topeka, KS 66612-1367
    Phone: 785 296 2546
      Fax: 785 296 7030
    Email: jlineback@kdhe.state.ks.us
  Web site: http://www.kdheks.gov/remedial/vcp/index.html
  Contact: Deanna Ross, Unit Leader, Restoration and
           Long-Term Stewardship Unit (Contact Rick Bean)
  Address: Remedial Section
           Environmental Use Control Program
           Kansas Department of Health and
           Environment (KDHE)
           Bureau of Environmental Remediation
           1000 SW Jackson,  Suite 410
           Topeka, KS 66612-1367
    Phone: 785 296 8064
    Email: dross® kdhe.state.ks.us
  Web site: http://www.kdheks.gov/brownfields/index.html
  Contact: Doug Doubek, Unit Leader, State Response
           and Property Redevelopment Unit
           Brownfields Program
           Kansas Department of Health and
           Environment (KDHE)
           Bureau of Environmental Remediation
           1000 SW Jackson,  Suite 410
           Topeka, KS 66612-1367
    Phone: 785 291  3246
      Fax: 785 296 7030
    Email: ddoubek® kdhe.state.ks.us
 Web site: http://www.kdheks.gov/brownfields/index.html
Program Description
(VCP, brownfields, or related)
Brownfields definition: 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.
Program titles:
•  Brownfields Targeted Assessment  Program
•  Voluntary Cleanup and Property Redevelopment Program
   (VCPRP)
•  Environmental Use Controls Program
Liability relief provisions: Under KSA 65-34,169 and KAR
28-71-10, stakeholders performing cleanup of contaminated
properties that meet the criteria in the law (low to medium
priority sites with minimal risk) can receive a No Further
Action determination from KDHE to provide some protection
from potential liabilities. Adjacent property owners who did not
contribute to the contamination may also receive protection
from KDHE through such determinations.
Financial incentives (grants, loans, tax provisions, etc.):
None
Legislative or program site eligibility requirements:
Brownfields Targeted Assessment Program:
•  Eligible applicants—Any unit of government (e.g., city,
   town, county, municipality, nonprofit organization) may
   submit a property for assessment.
•  Eligible properties—All types of properties may receive
   an assessment, with some exceptions. The primary focus
   is on industrial and commercial properties; however,
   residential areas may be considered under special
   circumstances. Properties subject to enforcement action
   associated with  environmental contamination are not
   eligible (e.g., Superfund sites). Units of government may
   petition for exceptions.
Voluntary Cleanup  and Property Redevelopment Program
(VCPRP)—All eligible properties must contain an actual,
threatened, or suspected release of a contaminant or be
impacted or threatened by contaminants from an off-property
source.
Properties that are not eligible to participate in the VCPRP
include: 1) properties listed or proposed for listing on the
federal National Priorities List (NPL); 2) properties that are
currently subject to existing environmental enforcement
action, order or agreement with local,  state, or federal
governmental agencies; 3) properties which have, or should
have, a permit pursuant to the Resource Conservation
and Recovery Act (RCRA) containing a corrective action
component; 4) properties contaminated by oil and gas
activities regulated by the Kansas Corporation Commission;
and 5) properties that present immediate and significant  risk
to  human health and the environment, including public and
private drinking water supplies.
106
       State Brownfields and Voluntary Response Programs:

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Kansas
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Brownfields Targeted Assessment Program
•  Brownfields Cleanup Program
•  Brownfields Cleanup Revolving Loan/Grant Program
•  Kansas Agricultural Remediation Fund was created in
   July 2000 to assist in the investigation and remediation of
   qualifying properties with agricultural-related contaminants.
   The program provides direct reimbursement up to
   $200,000, and low-interest loans up to $300,000.
Tax incentives (abatements, credits, etc.):
No information available
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
No information available

Program Elements

Technical Elements
Methods/standards/controls:  Environmental Use Controls
Program (same as institutional controls).
Contaminants covered/excluded:  All contaminants
and pollutants covered including lead, asbestos, and
polychlorinated biphenyls (PCBs).
Use of long-term stewardship and institutional controls
(1C):  Use environmental use controls.
   •  1C Tracking: All ICs are tracked and a part of a
     computerized database for public viewing.
   •  1C Oversight: All ICs are enforceable by KDHE
     pursuant to the statute.
   •  1C Monitoring: All ICs are inspected on a regular basis
     to ensure compliance.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://kensas.kdhe.state.ks.us/pls/certop/ISearch

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: March 2001
Costs to enter program or fees for service: VCPRP
applications must be submitted with $200 nonrefundable
application fee; initial deposit, not to exceed $5,000 is
required to cover KDHE's oversight costs including cost of
labor associated with review of documents, studies and test
results, collection of split samples, laboratory analysis,
and other costs. There are also costs to participate in
the Environmental Use Control Program depending on
the category of the site.
Funding source for administrative costs and staff:
An administrative rate is charged to the applicant and
may be adjusted annually.

Cleanup Activities
Sites currently in VCP: As of December 31, 2008, the
VCPRP received 502 applications with 335 properties
currently active in either investigation or cleanup.
Sites completed under VCP: As of December 31,
2008, the VCPRP issued 167 No Further Action letters
and 1,984 acres had been remediated.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): No further action
determination, streamlined process, and clearly defined
cleanup standards provided early in the process.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  Notice is required when  a cleanup plan
has been accepted by KDHE.  Notice must specify the
comment period, which is at minimum, 15 days. In
addition, the cleanup plan must be made available by
KDHE to the public upon request.
Public participation activities (hearing, meetings,
etc.): Following the 15-day public comment period, a
public information meeting may be held by KDHE  if the
comments warrant a meeting,  or the voluntary party
requests a meeting. The public information meeting
shall provide the public with information about relevant
activities at the property associated  with the voluntary
cleanup and property redevelopment program. Public
information meetings shall be attended by a member
of KDHE and the voluntary party or designated
representative,  or both.

Statutory Authorities
•  Voluntary Cleanup and Property Redevelopment Act
   KSA 65-34, 161  etseq.
•  Voluntary Cleanup and Property Redevelopment
   Program KAR 28-71—28-71-12.
•  Environmental Use Controls, KSA 65-1,221 et seq.
An Update from the States
                                                  107

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Missouri
 GfenerafOnformation
   Contact: Jim Belcher

  Address: Missouri Department of Natural Resources
           (MoDNR)
           Hazardous Waste Program
           P.O. Box 176
           Jefferson City, MO 65102-0176

    Phone: 5735268913
       Fax: 5735264817

     Email: jim.belcher@dnr.mo.gov

  Web site: www.missouribrownfields.com
Program Description
(VCP, brownfields, or related)
Brownfields definition: Missouri defines a brownfield as a
site that is or is perceived to be contaminated by hazardous
substances.
Program titles: Brownfields/Voluntary Cleanup Program
(BVCP)  (1994)—Updated program name in 2003
Liability relief provisions:  Certificate of Completion issued
by the state. Any interested party can apply with property
owner's  permission. Includes risk-based cleanup criteria, tied
to future land use, and institutional and/or engineering control
provisions.
Financial incentives (grants, loans, tax provisions, etc.):
•  Brownfields Remediation State Tax Credits provided
   through the Missouri Department of Economic
   Development can reimburse up to 100% of cleanup costs.
   The tax credits are based upon job creation or retention.
   The project has to be enrolled in the BVCP. The tax credits
   have  a 20-year period and can be sold to other parties.
•  Site Specific Assessments (SSA) are available through the
   BVCP to local governments and nonprofit organizations.
   Phase I and/or Phase II Environmental Assessments are
   provided free of charge via a state contract with approved
   environmental consulting companies as the vendors.
   The applicant does not have to own the property or have
   the intention to acquire the property. The SSA can be
   requested on behalf of a third party.
•  Low-interest loans and grants are available through the
   Missouri Brownfields Cleanup Revolving Loan Fund (RLF).
   The Environmental Improvement and Energy Resources
   Authority (ElERA) manages the RLF. Applicants have to
   be the property owner and cannot be a viable responsible
   party; they can be any entity including individuals and
   profit-making organizations. The project must be enrolled
   in the BVCP to qualify. An EPA 104(k)  Competitive RLF
   grant funds the program.
•  Low-interest loans for brownfields cleanup are available
   through the Missouri State Revolving Fund (SRF).The
   MoDNR Water Protection Program manages the fund.
   The loans are available to local governments, private and
   nonprofit entities, individuals, and citizen groups. To be
   eligible, a site has to have a water-related threat,  either to
   surface or ground water.
•  The Missouri State Historical Preservation Office (SHPO)
   state tax credit is a nationally leading program that is
   one of the largest providers of funds used for brownfields
   redevelopment in Missouri. The eligible project must be a
   structure on the national historical registry or be located
   within a designated historical district. The state tax credits
   can be sold and are in addition to federal tax credit
   programs.
•  There is a broad range of grants, state  tax credits, and
   loans available to address demolition, infrastructure
   building,  and redevelopment. The Missouri Department
   of Economic Development manages most of the state
   programs and they are complimentary to similar federal
   programs provided by the Department of Housing and
   Urban  Development (HUD) and the U.S. Department
   of Agriculture (USDA).The Missouri Department
   of Transportation also has programs to  support
   redevelopment.
Legislative or program site eligibility requirements:  Sites
may not be eligible for the BVCP if:
•  Site conditions constitute an imminent and substantial
   threat to  public health or the  environment.
•  The site, or any part thereof, is or was a permitted or
   interim status hazardous waste management facility
   regulated under the Resource Conservation and  Recovery
   Act (RCRA).
•  The site or any part thereof,  has been investigated for
   listing on the Superfund National Priorities List (NPL).
•  The site, or any part thereof, is or was,  the subject of an
   enforcement action, or the site warrants an enforcement
   action under RCRA; the Comprehensive Environmental
   Response Compensation and Liability Act (CERCLA); the
   Missouri Hazardous Waste Management Law; or any other
   federal or state environmental law or statute.
•  Remediation has been initiated or completed since August
   28, 1994 prior to applying for enrollment in BVCP.
•  Contamination is a release from a petroleum storage tank
   that is eligible for cleanup under Missouri's Petroleum
   Storage Tank Insurance Fund.
108
       State Brownfields and Voluntary Response Programs:

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Missouri
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Missouri's Drycleaner Environmental Response Trust
   (DERT) Fund provides for the investigation, assessment,
   and cleanup of dry cleaning facility sites. Only chlorinated
   material contamination is to be addressed. Eligible sites
   will have costs reimbursed after a $25,000 deductible up
   to $1,000,000  per incident. The DERT fund is managed by
   MoDNR as part of the BVCP Section.
•  Missouri's Petroleum Storage Tank Insurance Fund
   (PSTIF) covers insured and other eligible petroleum sites
   with either under ground or above ground storage tanks.
   The fund will reimburse cleanup costs up to $1,000,000
   per incident after a $10,000 deductible.
Tax incentives (abatements, credits, etc.): The Brownfields
Redevelopment Program offers a menu of state tax credits
for up to the entire amount of remediation costs; tax credits of
between $500-$1300/year (for up to 10 years) for each new
job created; capital investment tax credit of 2%; an income
exemption of 50%; and a tax abatement for up to 15 years for
local property taxes.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  None

Program Elements

Technical Elements
Methods/standards/controls:
•  From 1998 to 2006, the BVCP has been using its
   guidance document, Cleanup Levels for Missouri (CALM),
   to establish cleanup levels.  It is a Risk-Based Corrective
   Action (RBCA)-like process, in which applicants can select
   standards for residential (or unrestricted), commercial, or
   industrial uses.
•  The BVCP is using the Missouri Risk-Based Corrective
   Action (MRBCA) Process for Petroleum Storage Tanks,
   which was released in  February 2004, at sites which are
   contaminated with petroleum and related compounds.
•  In 2006, MoDNR adopted the MRBCA guidance document
   that will cover non-petroleum hazardous contaminants.
   This new guidance replaces CALM.
Contaminants covered/excluded: The BVCP addresses
petroleum, asbestos, lead paint, CERCLA hazardous
substances, polychlorinated biphenyls (PCBs), and controlled
substances contamination.
Use of long-term stewardship and institutional
controls (1C):
•  The BVCP recognizes that not all properties can
   be cleaned up to unrestricted use standards, as
   desirable as that would be. There are projects
   where the intended end use does not require the
   cleanup level to meet unrestricted use and the
   economics of doing so would prohibit the cleanup
   and redevelopment. Under the MRBCA guidance,
   the site remediation can be complimented by
   institutional and/or engineering controls. The most
   used institutional control is a restrictive covenant
   that is associated with and considered part  of the
   property legal description. The covenant addresses
   restrictions of property usage. The covenant also
   documents the engineering controls in place and
   the cautions associated with working near or on the
   controlling feature.
•  MoDNR is developing a long-term-stewardship
   system (LTS) to document and track the continued
   enforcement of institutional controls. The BVCP
   is providing the leadership for the LTS program,
   but it will address all remediated sites in Missouri
   regardless of which program provides oversight.
   • 1C Tracking: Sites with LTS controls are  listed on
     the BVCP Web site.
   • 1C Oversight and Monitoring: Annual inspection
     visits by a BVCP project manager are required.
     LTS site owners are required to notify the BVCP
     prior to transforming the property to a new owner.
The following Web address is a direct link to the state's
public database that maintains an inventory of  sites,
maps sites, and/or tracks institutional controls.  This
link also provides additional information regarding
contaminated sites in the state.
http://www.dnr.mo.gov/env/hwp/docs/sitestatuslist.xls

Management and Implementation Elements
Voluntary Cleanup Program MOA with EPA:
September 1996
Costs to enter program or fees for service: Participants
pay the oversight costs and overhead. The application
fee is $200 and up to $5,000  initial deposit is made
toward the costs. Oversight costs are charged  on
an hourly basis. After completion or withdrawal, any
remaining deposit balance is  refunded. The average
cost per site is $2,800.
Funding source for administrative costs and staff:
The Missouri BVCP is administered by the MoDNR
Division of Environmental Quality, Hazardous Waste
Program with 16 full-time equivalent (FTE) staff. Other
support agencies include the Geological Survey and
Resources Assessment  Division (GSRAD) and the
Missouri Department of Health and Senior Services
An Update from the States
                                                   109

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Missouri
(DHSS). The Attorney General's Office provides legal support.
The project management oversight fees cover only a portion
of the BVCP cost. The balance of funding is through an EPA
128(a) State Response grant.

Cleanup Activities
Sites currently in BVCP: As of June 30, 2009, 955
applications have been received since program establishment
in 1994. 95+ applications are processed annually (190 in
2008) and there are typically 300 active projects.
Sites completed under BVCP: 437 certificates of
completion have been issued. The balance of 170+ sites are
inactive, denied, or chose to voluntarily withdraw from the
program.
Benefits (incentives to participate in the BVCP, covenants
not to sue, etc.):
•  Applicants receive assurance that their property has been
   cleaned up properly with the oversight of a state agency.
   The certificate of completion is an essential document
   when the applicant seeks financial institution support for
   redevelopment. A certificate of completion also protects
   the property owner from enforcement actions by either
   MoDNR or EPA for the contamination addressed by the
   cleanup.
•  The State of Missouri and the communities the projects
   are located in benefit greatly. A 2006 study of the value of
   cleaned up projects profiled 50 redeveloped BVCP sites.
   Total investment on these 50 sites was $2.2 billion: 11,053
   full-time jobs were created; over 153 thousand tons of
   contaminated materials were removed; and 686 acres and
   23 historic buildings were returned to profitable use.
•  Participation in the BVCP program is one of the eligibility
   criteria for the Brownfields Remediation Tax Credits and
   the EIERA Program.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  Public notice, comment, and document
availability are required by statute (Chapter 610).  In addition,
the Missouri Hazardous Waste Management Law provides
for appeals through the Hazardous Waste Management
Commission, which may convene a public hearing if a
resolution of appeals cannot be negotiated.  Public meetings,
availability sessions,  fact sheets, and news releases are
commonly used to provide information to the public, and to
solicit input from the public.
Public participation activities (hearing, meetings, etc.):
•  A Missouri Brownfields Conference is held annually with
   a targeted audience of local government officials and
   community involvement groups.
•  Participate as a sponsor and exhibitor of many other
   conferences such as the Missouri Municipal League
   Conference, the Governor's Conference on Economic
   Development, the Missouri Mainstreet Downtown
   Revitalization Conference, and several others during the
   year.
•  Brownfields workshops are offered and held statewide.
•  Presentations are made  at the annual and monthly
   meetings of several professional and community
   organizations, including Regional Planning Commissions.
•  Participation in the Grant Writing Workshops hosted by
   U.S. Senator Claire McCaskill.
•  Promotion of applications for EPA Brownfields 104(k)
   grant program including participation in EPA Region 7
   workshops.

Statutory Authorities
•  The Missouri Hazardous Waste Management Law, Mo.
   Rev. Stat. §§260.350-260.575 (1977, as amended in
   1980, 1983, 1985,  1987, 1988, and 1993), authorizes
   the Hazardous Waste Remedial Fund and provides for a
   priority list, strict liability,  site access, administrative order
   authority, penalties, and punitive damages.
•  The Voluntary Cleanup Law (passed in 1993 as S.B. 80),
   Mo. Rev. Stat. §§260.565-575, provides authority for a
   voluntary cleanup program.
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Nebraska
 GfenerafOnformafion
   Contact: Nebraska Department of Environmental
           Quality (NDEQ)

  Address: 1200 N Street, Suite 400
           P.O. Box 98922
           Lincoln, NE 68509

    Phone: 402 471 2186/3388

       Fax: 402 471 2909
  Web site: http://www.deq.state.ne.us/
Program Description
(VCP, brownfields, or related)
The Nebraska Voluntary Cleanup Program (VCP) was
established by the Remedial Action Plan Monitoring Act
(RAPMA) in 1995, as amended in 2004 and 2008. The VCP
is a fee-based cleanup program for property owners, potential
property buyers, facility owners, local governments, and other
parties interested in voluntarily cleaning up contaminated
properties under state oversight. The VCP utilizes a
streamlined, results-based approach to environmental
cleanup to facilitate the redevelopment and reuse of
brownfield sites and provide an alternative approach to more
traditional federal cleanup programs such as Superfund
or the Resource Conservation and Recovery Act (RCRA)
programs. All cleanups are performed in compliance with all
state and federal environmental standards and substantive
requirements. Upon successful completion of the cleanup
activities, the state provides  a determination of No Further
Action (NFA).
Brownfields definition: No state definition; uses federal
definition pursuant to the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA) §
101(39).
Program titles:
•  Nebraska Voluntary Cleanup Program established by
   RAPMA
•  Section 128(a) Assessment Program
Liability relief provisions:  If at the completion  of all cleanup
activities, the applicant has remitted all applicable fees, has
met the provisions and the objectives agreed to with  NDEQ,
and has  complied with all state and federal environmental
standards and substantive requirements, then NDEQ may
issue a letter stating that no  further action need be taken at
the site related to the contamination for which the remedial
action was conducted.
Financial incentives (grants, loans, tax provisions,
etc.): No financial incentives available.
Legislative or program site eligibility
requirements: No eligibility requirements, open to all
entities.
The statute (Neb. Rev. Stat § 81-15,181 to § 81-
15,188)  requires the following items:
•  Application form and a nonrefundable application fee
   of $2,000.
•  Written  agreement to provide reimbursement of
   NDEQ oversight costs, including submittal of a
   refundable initial deposit of $3,000.
•  Remedial action plan that conforms to all state and
   federal environmental standards and substantive
   requirements.
•  Documentation regarding the investigation of land
   pollution or water pollution at the site, including,
   information indicating that the applicant holds or
   can acquire title to all lands or has the necessary
   easements and rights-of-way.
•  Project  monitoring reports, and appropriate
   engineering, scientific,  and financial feasibility data.
•  Remedial action report documenting that the plan
   has been fully implemented.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs, etc.):
The VCP receives federal Section 128(a) funding
from EPA to offer Section  128(a) assessments to
communities at no cost.
Tax incentives (abatements, credits, etc.): No tax
incentives available.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
other forms of support available.

Program Elements

Technical Elements
Methods/standards/controls: The VCP developed a
comprehensive guidance document that outlines the
overall cleanup process and information requirements
for the preparation and submittal of a remedial action
plan. Full characterization of the nature and extent of
contamination must be completed before applying to
the program. The remedial action plan must consist of
an investigation report which presents a conceptual
site model based on a thorough investigation, and
An Update from the States
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Nebraska
a remedial action work plan which outlines the plan for
cleaning up the site. The comprehensive guidance document
also includes a three-tiered remediation goals protocol that
considers human health risks, ground water use, and future
land use.
Contaminants covered/excluded: Petroleum, asbestos,
lead-based paints, and polychlorinated biphenyls (RGBs) all
OK.
Use of long-term stewardship and institutional controls
(1C): Institutional controls in accordance with the Nebraska
Uniform Environmental Covenants Act are recommended.
   •  1C Tracking: Institutional controls are tracked as part
     of the Public Record required by the federal Section
     128(a) funding.
   •  1C Oversight: NDEQ reviews and approves remedial
     action plans and performs oversight of implementation
     of the remedial action, including the implementation of
     institutional controls.
   •  1C Monitoring:  NDEQ performs periodic monitoring
     of ongoing long-term operation, maintenance and
     monitoring activities, including monitoring of institutional
     controls.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information  regarding contaminated sites in the
state.
h ttp://www. deq.sta te.ne. us/SuperFun.nsf/Pages/VCPPR

Management & Implementation Elements
Voluntary Cleanup Program MOA with  EPA: November
2006
Costs to enter program or fees for service: Application
fee of $2,000 and initial deposit of $3,000. Legislation is being
considered to reduce the fees and initial deposit.
Funding source for administrative costs and staff: The
$5,000 application fee pays for program administration and
enhancement and indirect  costs. The $5,000 initial deposit
pays for review and oversight of remedial action plans. If
review and oversight costs exceed this initial deposit, NDEQ
bills the applicant on a quarterly basis for any additional
costs, pursuant to a written agreement with the applicant.
Cleanup Activities
Sites currently in VCP: Currently, 7 sites are active in the
voluntary cleanup program.
Sites completed under VCP: 9 sites have successfully
completed cleanup requirements under the voluntary cleanup
program and have received NFA letters from NDEQ.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): The VCP utilizes a streamlined, results-
based approach to environmental cleanup to facilitate the
redevelopment and reuse of brownfield sites and provide
an alternative approach to more traditional federal cleanup
programs such as the Superfund or RCRA programs.

Public Participation
Public participation requirements (notice, comment
periods, etc.): Preliminary approval of the remedial action
plan is public noticed for 30 days. Any person may submit
written comments regarding the proposed remedial action
during this comment period.
Public participation activities (hearing, meetings, etc.):
Any person  may also request or petition the Director
of NDEQ, in writing, for a hearing. A hearing is held if
the comments, request, or petition raise legal, policy, or
discretionary questions of general application and significant
public interests exists.

Statutory Authorities
Remedial Action Plan Monitoring Act (Neb. Rev. Stat  § 81-
15,181 to §81-15,188).
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       State Brownfields and Voluntary Response Programs:

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Colorado




 GfenerafOnformafion
   Contact: Jeff Deckler
           Remedial Programs Manager
           (Brownfields and Voluntary Cleanup)
           303 692 3387
           Mark Walker
           Voluntary Cleanup and Redevelopment
           Program
           Targeted Brownfields Assessments
           303 692 3000

           Dan Scheppers
           Colorado Brownfields Revolving Loan Fund
           Voluntary Cleanup Tax Credits
           303 692 3398

           Barbara Nabors
           State Incentives for Redevelopment of
           Contaminated Land in Colorado
           303 692 3402
  Address: Colorado Department of Public Health and
           Environment  (CDPHE)
           Hazardous Materials and Waste Management
           Division
           4300 Cherry Creek Drive South
           Denver, CO 80246-1530

    Phone: Brownfields Site Assessments
           303 692 3311
           8885691831

           Colorado Brownfields Revolving Loan Fund
           303 692 3398
           888569 1831
           State Incentives for Redevelopment of
           Contaminated Land in Colorado
           303 692 3449
           888569 1831
       Fax: 303 691 7878

  Web site: http://www,cdphe.state,co,us/HM/rpbrownfields,
           htm
                                                CO
Program Description
(VCP, brownfields, or related)
Brownfields definition:  Abandoned, idled, or underutilized
industrial and commercial facilities where expansion
or redevelopment is complicated by real or perceived
environmental contamination.
Program titles:  The Voluntary Cleanup and Redevelopment
Program (VCP)
Liability relief provisions: Colorado statute provides
that CDPHE will actively pursue a determination by EPA
that a property in the VCP not be addressed under the
federal act and no further federal action will be taken
with respect to the property at least until the voluntary
cleanup plan is completely implemented.
Colorado statute provides that voluntary cleanup plans
are not enforceable against a property owner (unless
the owner fails to implement the plan after initiating a
voluntary cleanup). In addition, information provided
by a property owner to support a voluntary cleanup
plan or no action petition does not give CDPHE an
independent basis to seek penalties from the property
owner pursuant to state environmental statutes or
regulations.
Financial incentives (grants, loans, tax provisions,
etc.):
•  Colorado Brownfields Revolving  Loan Fund
•  Colorado Contaminated Land Redevelopment Tax
   Credit
Legislative or program site eligibility requirements:
Colorado Brownfields Cleanup  Revolving Loan Fund.
Brownfield sites statewide are eligible.
The Fund may be used at sites that are:
•  Publicly-owned, either directly by a municipality or
   indirectly through a quasi-public entity such as a
   community development corporation; and/or
•  Privately-owned by current or prospective
   commercial property owners, banks, developers, etc.
The Fund may not be used at any sites:
•  Listed, or proposed for listing, on the National
   Priorities List (NPL).
•  That have or should have Resource Conservation
   Recovery Act  (RCRA) permits.
•  Subject to an order under the Clean Water Act.
•  Underground Storage Tank (LIST) sites at which a
   removal action is required to be taken, according to
   regulation, within six months.
•  Where a federal or state agency is planning or
   conducting a response or enforcement action.
Cleanups must be approved by the Colorado VCP
in order to be eligible to receive a loan through this
program.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs,
etc.): Colorado Brownfields Revolving Loan  Funds (see
previous section)
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Colorado
Targeted Brownfields Assessments
•  The state performs targeted site assessments to
   characterize the nature and extent of site contamination.
   This characterization is at no cost to the property owner,
   and provides assistance in quantifying the need for and
   potential cost of cleanup. Sites are eligible if they are not
   on the NPL or under enforcement or other action by a
   government agency. For a private party to be  eligible there
   must be a clear public benefit. Determinations on which
   sites will be assessed are done on a priority basis. The
   state follows EPA guidance on site characterization. A
   Sampling and Analysis Plan and Quality Assurance Plan
   that have been approved by EPA are followed.
State Cleanup Program
•  Colorado has a small appropriation that is used to clean
   up contaminated sites. Sites are eligible if they are not
   listed on the NPL or under enforcement or other action
   by a government agency. Sites are screened and scored
   based on human health and environmental impacts and
   redevelopment potential.
Tax incentives (abatements, credits, etc.):
•  Colorado Brownfields  Revolving Loan Fund may be used
   for the purchase of environmental insurance.
•  CDPHE supports an environmental resource  hotline
   through the Colorado Brownfields Foundation.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
•  Colorado Brownfields  Revolving Loan Fund may be used
   for the purchase of environmental insurance.
•  CDPHE supports an environmental resource  hotline
   through the Colorado Brownfields Foundation.

Program Elements

Technical Elements
Methods/standards/controls: No formal Risk-Based
Corrective Action (RBCA) or comparable/informal process
in place; VCP applicants choose from various cleanup
standards or perform risk assessments. State allows risk-
based closures.
Contaminants covered/excluded: Petroleum, asbestos,
lead paint, and polychlorinated biphenyls (PCBs) all OK.
Ground water standards must be met at property boundary.
Use of long-term stewardship and institutional controls
(1C): While Colorado does not have enforcement authority
under its state Superfund program, the most recent
amendments to the Hazardous Waste Sites  Act authorize
the use of environmental covenants that run with the land.
(Colorado Revised Statutes (CRS) §§ Sec. 25-15-317
through 327.) CDPHE may use environmental covenants
under the VCP  if the owner requests it, however  it is not
compulsory. If the property owner fails to comply with
an environmental covenant, CDPHE may issue an order
requiring compliance and may request that the Attorney
General bring a suit to enforce the terms of the covenant.
   •  1C Tracking: Colorado is required to maintain an
     inventory of all sites and facilities at which hazardous
     substances have been disposed of in the state under
     the 2001 amendments to the Hazardous Waste Sites
     Act. As of July 1,  2001  the state is tracking institutional
     controls at state cleanup program sites,  RCRA cleanup
     sites, federal facility sites, and VCP sites through the
     database. The primary users of the system are state
     officials, with local governments as secondary users.
     The database will eventually be  made available to the
     public. Colorado is required to create and maintain a
     registry of all environmental covenants, including any
     modifications or terminations of  the covenants under
     the 2001 amendments to the Hazardous Waste Sites
     Act.
   •  1C Oversight and Monitoring:  Colorado's long-term
     stewardship provisions include monitoring, institutional
     controls, and enforcement
The following Web address is a direct  link to the state's public
database that maintains an inventory of sites,  maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
h ttp://www. cdphe.sta te. co. us/HM/hmmapapps. h tm

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: April
1996. The Memorandum of Agreement (MOA) outlines
the following: responsibilities of the state to implement the
Voluntary Cleanup and Redevelopment Act (allows owners
of contaminated properties to voluntarily propose cleanup
actions or petition for no further action determinations for
eligible sites); forbearance actions of EPA with regard to
liability once a contaminated site owner has entered into
the remediation program; and the legal responsibilities of all
parties during and upon completion of the remedial action.
Costs to enter program or fees for service: Application fee
is $2,000. Hourly review fee is $85.
Funding source for administrative costs and staff:
Funding for the VCP is  provided by federal grants (20%) and
fees gathered from the  VCP program (80%).
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       State Brownfields and Voluntary Response Programs:

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Colorado
                                                 oo
Cleanup Activities
Sites currently in VCP: From the program's inception
through January 2009, there have been approximately 650
applications. Approximately 50 applications are processed
each year.
Sites completed under VCP: No information available
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): The VCP offers No Further Action
determinations from the state upon completion  and approval
of cleanup; protection from Superfund liability under an MOA
with EPA; and a state income tax credit.

Public Participation
Public participation requirements (notice, comment
periods, etc.): Colorado has no formal public participation
requirements. However, public notice is provided on an ad
hoc basis for the voluntary program.
Public Participation requirements for the Colorado
Brownfields Revolving Loan Fund:
•  A Community Involvement Plan must be developed for
   each site receiving a loan through this program. The plan
   will be site specific and will, therefore, be developed only
   after a redevelopment project has been selected to receive
   monies from the Fund.
The following  criteria will be used as the basis for developing
specific plans:
•  A spokesperson will be designated to inform the
   community of actions taken, respond to inquiries, and
   provide information.
•  Prior to approval of the VCP application—the equivalent
   of an engineering  evaluation/cost analysis (EE/CA)—
   interviews will be conducted with local officials, community
   residents, public interest groups, or other interested and
   affected parties, as appropriate.
•  Prior to approval, a Community Relations  Plan will be
   prepared based on community interviews  and other
   relevant information. It will specify the community relations
   activities expected during cleanup.
•  At least one local  information repository will be established
   at or near the location of the cleanup action that includes
   public information related to the cleanup. The public will
   be informed of the repository and notice provided of the
   availability of the administrative record for  public review.
•  Notice will  be published of availability of the Voluntary
   Cleanup Plan in a major local newspaper of  general
   circulation.
•  A 30-day opportunity will be provided for written and
   oral comments on the Cleanup Plan. Upon timely
   request, the public comment period will be extended
   by a minimum of 15 days.
•  A written response to significant comments will be
   prepared.
Public participation activities (hearing, meetings,
etc.):
No information available

Statutory Authorities
•  Title 25-16-301, et seq., Voluntary Cleanup and
   Redevelopment Act.
•  The Hazardous Waste Sites Act 25-16-101  et seq.
   (1985, as amended 1988, 1990, 2000, 2001  CRS
   25-16-104.6).
An Update from the States
                                                   115

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Montana
 (genera fOnformation
   Contact: MikeTrombetta
  Address: Montana Department of Environmental
           Quality (DEQ)
           P.O. Box 200901
           Helena, MT 59620-0901
    Phone: 406 841 5045

       Fax: 406 841 5050

     Email: mtrombetta@mt.gov

  Web site: http://www.deq.state.mt.us/statesupeiiund/
           VCRA.asp

           http://deq.mt.gov/StateSupeiiund/vcra.asp
Program Description
(VCP, brownfields, or related)
Brownfields definition: Montana has no definition of
brownfields in statute or regulation, and applies the EPA
definition when necessary.
Program titles:
•  Voluntary Cleanup and Redevelopment Act (1995)
•  Brownfields
Liability relief provisions:  Program offers closure letters;
program can be used by any interested person with the
property owner's permission to address all or a portion of a
site.
Financial incentives (grants, loans, tax provisions, etc.):
•  Loans available through state Board of Investments
   program may apply to brownfield sites.
•  Controlled Allocation of Liability Act  and orphan share fund
   offers reimbursement for expenditures beyond applicant's
   responsibility from an orphan share  fund; level depends on
   available funding.
•  Incentives for participation in the voluntary cleanup
   program include enforcement stays, mandated DEQ
   review times, and closure letters.
Legislative or program site eligibility requirements: Any
person or entity is eligible  to participate in the voluntary
cleanup program, and all non-National  Priorities List (NPL)
sites are eligible, although the state is given discretion to
reject applications.
In the brownfields program, projects must meet the following
criteria to be eligible for Targeted Brownfields Assessment
assistance:
•  DEQ's assessment assistance must be crucial to the
   redevelopment or reuse of the site.
•  Applicant must not have contributed to the contamination.
•  Site must be contaminated or suspected to be
   contaminated with hazardous substances or petroleum
   products.
•  Must be a clear benefit to the community.
•  Site control and ownership transfer must not be an
   impediment.
•  Must be adequate leveraged funds available for cleanup
   and redevelopment, and/or the site must have strong
   development potential.
•  Petroleum sites must also  meet EPA's petroleum site
   eligibility requirements.
In addition, DEQ has limited resources for site specific work
and may not be able to conduct an assessment or cleanup
with brownfields funding if the department is not already
addressing the site.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): DEQ may receive funding from
EPA each year to conduct a limited number of assessments
or cleanups on eligible sites. DEQ uses one of its contractors
to conduct the work at the site.
Tax incentives (abatements, credits, etc.): No tax
incentives available.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No other
form of financial support available, however DEQ may be able
to direct interested parties to additional resources.

Program Elements

Technical Elements
Methods/standards/controls:  Choice of cleanup levels
for the voluntary cleanup program is available. Potential
implementation of institutional controls.
Contaminants covered/excluded:  All contaminants covered
by the voluntary cleanup program, but must represent a
release or threat of release to the environment. Under
the brownfields program, threats to public health and the
environment can be addressed.
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       State Brownfields and Voluntary Response Programs:

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Montana
                                                oo
Use of long-term stewardship and institutional controls
(1C): For the Voluntary Cleanup Program (VCP), institutional
controls allowed as appropriate.

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: All applicants
entering into the voluntary cleanup program must agree to
reimburse the state for all administrative costs. Cost recovery
is based on actual cost; there is no standard fee. No costs for
the brownfields program.
Funding source for administrative costs and staff:
Brownfields program is funded by Comprehensive
Environmental Response Compensation and Liability Act
(CERCLA) 128(a) State and Tribal Response Program grant.

Cleanup Activities
Sites currently in VCP: 25 sites are currently in the
VCP process, while a total of 135 applications have been
submitted.
Sites completed under VCP: 28 sites have been "closed"
under the VCP  process by DEQ.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):
•  Closure letter
•  Faster cleanup
•  Enforcement stay

Public Participation
Public participation requirements (notice, comment
periods, etc.):  The state approves a voluntary cleanup plan
and supervises a public comment process. The participant
has five years to execute the plan and cannot deviate from
the agreed course of action.
Public participation activities (hearings, meetings, etc.):
There is a 30-day public comment period and upon written
request to the DEQ by 10 or more persons,  a group of 10 or
more persons, or by a local governing body DEQ will hold a
public meeting.
Statutory Authorities
•  The Comprehensive Environmental Cleanup and
   Responsibility Act (CECRA), Mont. Code Ann. §§75-
   10-701 through 728, establishes the Environmental
   Quality Protection Fund and contains priority list,
   enforcement authority, natural resource damages
   (NRDs), citizen suit, and property transfer provisions.
•  State Participation in CERCLA, Mont. Code
   Ann. §§75-10-601 through 631, establishes the
   Hazardous Waste/CERCLA Special Revenue
   Account and also contains priority list, enforcement
   authority, NRDs, citizen suit, and property transfer
   provisions.
•  The Voluntary Cleanup and Redevelopment Act
   (VCRA), Mont. Code Ann. §§75-10-730 through
   738 authorizes Montana's voluntary cleanup
   program and contains property transfer provisions.
•  In 1997, the state passed the Controlled Allocation
   of Liability Act (GALA), Mont. Code Ann. §§75-10-
   742 through 751. GALA establishes the orphan
   share state special revenue account to help pay
   cleanup costs at non-NPL sites. Montana also has
   statutory cleanup authority under the Water Quality
   Act, which provides for citizen suits and enforcement
   authority.
An Update from the States
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North  Dakota
 (genera fOnformation
   Contact: Curtis Erickson, Derek Hall
  Address: North Dakota Department of Health
           Division of Waste Management
           918 East Divide Avenue
           Bismarck, ND 58501-1947
    Phone: 701 3285166

       Fax: 701 328 5200

     Email: cerickso@nd.gov; dahall@nd.gov

  Web site: http://www.health.state.nd.us/WM
Program Description
(VCP, brownfields, or related)

Brownfields definition: North Dakota uses the same
definition as defined in federal law.

Program titles:  No formal program in place. All voluntary
cleanups or remediation documents are reviewed and
approved by the  Department.

Liability relief provisions: The Department offers closure
letters and No Further Action (NFA) letters. The Department
may also give site specific responsibility exemptions or
regulatory assurances provided certain activities are
conducted.

Financial incentives (grants, loans, tax provisions, etc.):
None.

Legislative or program site eligibility requirements: Any
unit of government (e.g., city, town, county, municipality,
nonprofit organization) may submit a property for assessment
or cleanup.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): The state is using Targeted
Brownfield Assessment grant funds to conduct site
assessments, excluding petroleum sites, and Comprehensive
Environmental Response Compensation and Liability
Act 128(a) State  and Tribal Response Program grant
funds to conduct site assessments at petroleum sites
and contamination removal activities at sites requiring
contamination removal.
Tax incentives (abatements, credits, etc.): None
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): None

Program Elements

Technical Elements
Methods/standards/controls: Cleanup standards or goals
are site specific.
Contaminants covered/excluded: Does not restrict on
basis of contaminants.
Use of long-term stewardship and institutional controls
(1C):  Various institutional controls allowed, based on
individual sites, future use, location, etc.
   •  1C Tracking: The Department, by law, is required to
     maintain a record of all institutional controls established.
   •  1C Oversight: The Department conducts  oversight
     activities at all voluntary cleanup sites and has the
     authority to access any site.
   •  1C Monitoring: The Department has the authority to
     conduct monitoring at any site.
The following Web address is a direct  link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
h ttp://www. ndhealth.go v/WM/Publica tions/
BrownfieldsSiteslnNorthDakota.pdf

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  No
Costs to enter program or fees for service: At this time,
the state does not charge any fees.
Funding source for administrative costs and staff: The
state utilizes its Section 128(a) Response Program grant to
fund program development and the oversight of brownfield
projects.
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       State Brownfields and Voluntary Response Programs:

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North  Dakota
oo
Cleanup Activities
Sites currently in VCP: No information available
Sites completed under VCP: A number of sites have
completed cleanup activities.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):  A number of sites have been redeveloped
for commercial/retail  use and greenspace. Issuance of no
further remediation or no further action letters.

Public Participation
Public participation requirements (notice, comment
periods, etc.): No statutory requirement for public
participation exists; the establishment of institutional controls
or environmental covenants requires public notice.
Public participation activities (hearing, meetings,
etc.): The establishment of institutional controls involving two
or more property owners and an area larger than either one
city block or ten acres must have a public hearing.

Statutory Authorities
North Dakota does not have a formal voluntary cleanup
program for cleaning up non-National Priorities List (NPL)
contaminated sites.
•  The Hazardous Waste  Management Act (HWMA),  N.D.
   Cent. Code Chapter 23-20.3
•  The Water Pollution Control Law (WPCL) N.D. Cent. Code
   Chapter 61-28.
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South Dakota
  (genera fOnformation
   Contact:  Kim Mclntosh

  Address:  South Dakota Department of Environment
            and Natural Resource (DENR)
            Ground Water Quality Program
            Joe Foss Building
            523 East Capitol Avenue
            Pierre, SD  57501-3181

    Phone:  6057733296
       Fax:  6057736035

     Email:  Kim.Mcintosh@state.sd.us

  Web site:  http://denr.sd.gov
Program Description
(VCP, brownfields, or related)
Brownfields definition: The state uses the same definition
for brownfields as defined in federal law.
Program titles:  The state has adopted a formal brownfields
program, Brownfields Revitalization and Economic
Development Program, which is part of the state's Ground
Water Quality Program within the DENR. The state assists
local communities in obtaining federal brownfields funding
and will enter into voluntary cleanup settlements on a
case-by-case basis under state law (S. Dak.  Codified Laws
(SDCL) Chapter 34A-10-17). The state performs Targeted
Brownfields Assessments (TBA) and will negotiated site-
specific agreements. This law also requires that the state
establish a Brownfields Revolving Loan  Program.
Liability relief provisions:  Legislation  (SDCL Chapter
74:05:12) was passed to establish additional liability
provisions for sites designated as brownfield sites by the
state.
Financial incentives (grants, loans, tax provisions, etc.):
No information available
Legislative or program site eligibility requirements:
Administrative rules were drafted to outline the Brownfields
Revolving Loan Program, the selection process for qualifying
sites, and use of state brownfields funds.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): The state is using
Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) 128(a) State and Tribal Response
Program grant (Response Program Grant) funds to conduct
assessment of brownfield sites. These sites may include
mine scarred lands, petroleum sites, and sites impacted by
controlled substances. The state has not yet performed an
assessment of a controlled substance site but may in the
future.
Tax incentives (abatements, credits, etc.):  No grants and
loans are available at this time.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No state
support for environmental insurance is available.

Program Elements

Technical Elements
Methods/standards/controls: The state will use existing
ground water and soil standards as well as site specific risk
based data. The state will also consider EPA Region 3 and
Region 5 Risk-Based Concentrations when determining the
need for a cleanup action.
Contaminants covered/excluded:  The state regulates
hazardous substances,  hazardous wastes, toxic substances,
petroleum, pesticides, metals, and other substances
considered regulated substances under SDCL Chapter
34A-12.
Use of long-term stewardship and institutional controls
(1C):  The state allows the use of institutional controls (1C) on
brownfield sites, spills, or releases both in the assessment
and remediation phase of the project. The state's database
(http://denr,sd,gov/spills) contains information on each site
and provides a mechanism to track long-term institutional
controls.
   •  1C Tracking: Institutional controls are recorded on deed
     notices and environmental covenants are tracked by
     DENR's database.
   •  1C Oversight: Oversight is provided on all assessment
     and cleanup projects.
   •  1C Monitoring: South Dakota does not perform field
     monitoring of ICs.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.sddenr.net/env  events/
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       State Brownfields and Voluntary Response Programs:

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South Dakota
oo
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: The state does
not charge parties to enter into the brownfields program or
have fees for staff services.
Funding source for administrative costs and staff:  The
state utilizes its Section 128(a) Response Program Grant to
fund program development and the oversight of brownfields
projects.

Cleanup Activities
Sites currently in VCP: As of July 1, 2009, South Dakota
has assisted in funding assessment or cleanup work on 30
brownfields projects.
Sites completed under VCP:  Over 4,000 sites have
received completion or closures letters through the state's
program.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Covenants, technical assistance, and
completion/closure letters.

Public Participation
Public participation requirements (notice, comment
periods, etc.): State policy establishes provisions for public
notice,  public comment, and hearings/meetings. SDCL
§1-40-31 provides for document disclosure for all DENR
programs.
Public participation activities (hearing, meetings, etc.):
Stakeholder meetings, Web notifications, public meetings,
and city/county commission meetings.

Statutory Authorities
•  The Regulated Substance Discharge Law, SDCL Chapter
   34A-12 (1988, as amended 1989, and 1995), establishes
   the Regulated Substance Response Fund, which provides
   for a cleanup fund, strict liability, administrative order
   authority, civil injunctive relief, cost recovery, and liens.
•  The Hazardous Waste Management Act, SDCL Chapter
   34A-11 (1983, as amended in 1988, and 1995),
   establishes standards for treatment, storage and disposal
   of hazardous wastes, and provides for site access, civil
   and criminal penalties, and citizen suits.
•  The Water Pollution Control Act, SDCL Chapter 34A-2
   (as amended July 1, 1995), prohibits the degradation of
   all ground and surface waters of the state, establishes
   standards for ground water remediation, and imposes
   criminal and civil penalties for violations.
•  The Environmental Protection Act, SDCL Chapter 34A-10
   (as amended July 1, 1995), allows responsible parties
   to enter into voluntary compliance and settlement for
   cleanups.
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Utah
 genera fOnformafion
   Contact: Brent Everett, Superfund Branch Manager
            Bill Rees
            VCP/Brownfields
            Section Manager
  Address: Utah Department of Environmental Quality
            (DEQ)
            Division of Environmental Response and
            Remediation (DERR)
            168 North 1950 West, First Floor
            Salt Lake City, UT 84116

    Phone: 801 5364100

       Fax: 801 536 4242
     Email: Beverett@utah.gov
            Brees@utah.gov

  Web site: http://www.environmentalresponse.utah.gov/
Program Description
(VCP, brownfields, or related)
Voluntary Cleanup Program: The Utah State Legislature
passed the Voluntary Release Cleanup Program statute in
1997. This legislation created the Voluntary Cleanup Program
(VCP) under the UDEQ. The purpose of this program is to
encourage the voluntary cleanup of sites where there has
been a contaminant release threatening public health and
the environment, thereby removing the stigma attached to
these sites which blocks economic redevelopment. Voluntary
cleanup of these sites will hopefully result  in clearing the
pathway for returning these properties to beneficial use.
Brownfields definition: The Utah Hazardous Substance
Mitigation Act was amended in 2005 to expressly allow the
Executive Director to issue Enforceable Written Assurances
(EWA) to bonafide prospective purchasers, contiguous
property owners, and innocent landowners. These terms
are defined by the federal Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) and
incorporated in the Hazardous Substances Mitigation Act.
The UDEQ will not bring an enforcement action under the
Hazardous Substances Mitigation Act against the holder of an
Enforceable Written Assurance, provided the holder continues
to satisfy the ongoing obligations and reasonable steps
associated with the written assurance. A total of 31 EWAs
have been issued since 2006.
Program titles:  Voluntary Cleanup Program
Liability relief provisions: Offers a Certificate of Completion
(COC) with limited liability relief for non-responsible parties,
future owners and lenders.
Financial incentives (grants, loans, tax provisions, etc.):
No state financial incentives.
Legislative or program site eligibility requirements:  All
sites eligible except for: 1) a treatment, storage, or disposal
facility regulated under the Resource Conservation and
Recovery Act  (RCRA); 2) that portion of a site that is on the
National Priorities List (NPL); or 3) that portion of a site for
which an administrative, state, or federal enforcement action
is existing or pending against the applicant for remediation of
the contaminants described in the application.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): Program development is
funded through CERCLA 128(a) State and Tribal Response
Program grant funding for state response programs. Non site-
specific administrative costs are in part funded out of state
general funds. Site-specific oversight is paid for by the VCP
applicant.
Tax incentives (abatements, credits, etc.): No state
tax incentives. The UDEQ has issued letters to assist with
Federal Tax Incentives.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  A VCP
applicant may purchase private insurance.
VCP Program Elements
Technical Elements
Methods/standards/controls: A VCP applicant has a choice
of cleanup standards including background values, generic
risk-based levels, site-specific risk based levels not relying
on institutional controls, site specific risk-based levels relying
on institutional controls, and others based on consultation
with UDEQ. A VCP applicant may perform a site-specific risk
assessment.
Contaminants covered/excluded:  Does not restrict on
basis of contaminants.
Use of long-term stewardship and institutional controls
(1C):  Institutional controls may be allowed as part of a
cleanup strategy—use and review is decided on a case-by-
case basis.
   •  1C Tracking: Institutional controls and conditions
     of closure are defined in the COC. Institutional
     controls may also be defined in an environmental
     covenant developed in accordance with the Uniform
     Environmental Covenant Act. The COC and covenant
     are recorded on the property title upon successful
     completion  of a voluntary cleanup. Recorded COCs and
     covenants are included on the DERR's Web page to
     augment the public record.
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Utah
                                                 CO
   •  1C Oversight: The UDEQ reviews and accepts
     all proposed remedies under the VCP prior to
     implementation. A site management plan may be
     necessary to manage engineering and/or institutional
     controls.
   •  1C Monitoring: The UDEQ actively manages post-
     remediation sites to ensure the remedy remains
     protective of human health and the environment.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.supeiiund.utah.gov/docs/VCPsiteslist.pdf
http://www.enviromap. utah.gov/

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: A $2,000
application fee and an environmental assessment are
required at time of application. The fee is used to cover
UDEQ costs for eligibility assessment and review of the
environmental assessment. Any monies remaining from the
application fee are applied towards oversight. A voluntary
cleanup agreement must be entered into between the UDEQ
and the applicant before UDEQ can  review work plans and
reports. The agreement provides for  reimbursement of UDEQ
oversight costs by the VCP applicant.
Funding source for administrative costs and staff:  State
general fund (20%) and federal grants.

Cleanup Activities
Sites currently in VCP: 67 applications received to date.
Sites completed under VCP: Of the 67 applications:
32 COCs and 2 no further actions (NFA) were issued; 34
projects are active in site characterization, remedial action,
and site management; 1 site was ineligible; and 12 projects
were terminated.
Benefits (incentives to participate in the VCP covenants
not to sue, etc.): Completion under the VCP results in the
issuance of a COG that provides a limited release of liability
for certain qualified applicants (e.g.,  non responsible parties).
The VCP COG  may also provide a mechanism to NFRAP
sites on  CERCLIS.
Public Participation
Public participation requirements (notice, comment
periods, etc.):  Utah Code (19-8-115) requires that
the UDEQ make rules regarding provisions for public
participation by, and notice to, affected property owners
regarding voluntary cleanup decisions. Rules have not
yet been promulgated.
Public participation activities (hearing, meetings,
etc.):
Typically, a 30-day public comment period is required
before the UDEQ will accept a work plan as final.
Additional community involvement activities, such as
public meetings, open houses, fact sheets, notices,
and community interviews, may be recommended and
required on a site-specific basis.

Statutory Authorities
•  Utah Code, Title 19, Chapter 6.
•  Utah Code, Title 19, Chapter 8.
•  Utah Code, Title 57, Chapter 25.
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Wyoming
 GfenerafOnformation
   Contact: Carl Anderson
  Address: Wyoming Department of Environmental
           Quality (DEQ)
           122 W. 25th Street,
           Herschler Building,
           Cheyenne, WY 82002
    Phone: 307 777 7752
  Web site: http://deq.state.wy.us/volremedi/index.asp
Program Description
(VCP, brownfields, or related)
Enacted in the 2000 session of the Wyoming Legislature, the
Voluntary Remediation of Contaminated Sites Law sets out
a process that can be used  by owners of contaminated sites,
or by potential developers to reach decisions quickly about
required remedial activities and put contaminated sites back
into productive reuses. Beginning in 2005, DEQ created a
Brownfields Assistance Program to help local governments
facilitate investigation and cleanup of brownfields.
Brownfields definition: Rely on federal definition.
Program titles:  Voluntary Remediation Program (VRP);
Brownfield Assistance Program
Liability relief provisions:  DEQ has three types of liability
assurances: Covenants Not to Sue (CNTS), Certificates of
Completion (COC), and No  Further Action (NFA) letters.
Financial incentives (grants, loans, tax provisions, etc.):
No financial incentives  available
Legislative or program site eligibility requirements: To
participate in the VRP, a person must submit an application to
the DEQ that identifies the owner and provides a location and
description of the site. The application shall also describe the
site-specific conditions which the applicant believes satisfy one
or more of the eligibility criteria of the law (WS 35-11-1602). No
later than 45 days after receipt of the application, DEQ shall give
written notice to the applicant containing  DEQ's determination
of the site eligibility for participation in the VRP. Eligible sites
shall include sites which meet the following conditions:
• Sites, or portions of sites, where releases occurred before
  the effective date of this article; and:
  •   The site, or portion of site, where the release occurred
      was not subject to the permit requirements of this act at
      the time of the release; or
  •   The site is covered by an order of the department,
      council or  by any court and entered with the consent of
      the person or entity.
  •   Sites, or portions of sites, where releases occurred on
      or after the effective date of this article and where the
      owner or operator is implementing a pollution prevention
      plan consistent with rules promulgated under this act.
•  Waste management or disposal units that have been
   permitted under this act and the director determines
   that the release from the permitted unit, if restricted
   or prohibited by the permit, cannot be remediated in
   accord with the permit requirements because of technical
   impracticability.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): No information available
Tax incentives (abatements, credits, etc.): No tax
incentives available.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No other
forms of support available.

Program Elements

Technical Elements
Methods/standards/controls: Voluntary remediation
standards; site-specific, risk-based standards; considerations
in choice of remedy; alternate standards for soil or water;
point of compliance; contamination from source not on site;
alternate remediation standards for site contaminated from
source not on site; and supplemental requirements.
Contaminants covered/excluded: Wide variety of
contaminants are eligible.
Use of long-term stewardship and  institutional controls
(1C):  Uses institutional controls.
   •   1C Tracking: Conducted as part of remedy agreement
      performance criteria; publically available on VRP web
      site.
   •   1C Oversight: Conducted as part of remedy agreement
      performance criteria.
   •   1C Monitoring: Conducted as part of remedy
      agreement  performance criteria.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites  in the
state.
http://deq.state.wv.us/volremedi/sitelist.asp

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  March 2002
Costs to enter program or fees for service: $500
application fee covers the first 10 hours of oversight.
Additional oversight is billed at a rate of $50/hour.
Funding source  for administrative costs and staff:
No information  available
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       State Brownfields and Voluntary Response Programs:

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Wyoming
                                                  oo
Cleanup Activities
Sites currently in VCP:  143
Sites completed under VCP: 60
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):
•  Participation in an integrative, flexible, risk-based cleanup
   process specifically designed to be responsive to local
   concerns and to support participants.
•  Eligibility for a number of liability assurances including
   CNTS, COCs, and NFA letters.
•  Allows use of non-residential (i.e.,  restricted use) cleanup
   levels for soil under certain circumstances. Participants are
   allowed to petition local governments to designate a non-
   residential use of control areas. These non-residential land
   use determinations can be used to support alternative,
   risk-based cleanup levels for soil that are appropriate for
   the designated land use. All sites not in the VRP must
   achieve levels that are safe for unrestricted site uses
   (generally residential uses), regardless of where a site is
   located.
•  Participants may apply to DEQ for a determination that
   current technology cannot feasibly be used to clean up soil
   contamination to established levels. If DEQ makes such a
   determination, site-specific alternative soil cleanup levels
   that can be  achieved with available technology would
   likely be established in combination with requirements to
   control exposures to residual contamination to ensure full
   protection of human health and the environment. Sites not
   in the VRP are not eligible for this approach.

Public Participation
Public participation requirements (notice, comment
periods, etc.):
•  Following any determination by DEQ that a site is an
   eligible site, or following the submission of any application
   to modify an existing remedy agreement, the owner or
   operator shall give written  notice to all surface owners of
   record of  land which is contiguous to the site, and to all
   known adjacent surface owners  of record of land, and shall
   publish notice once per week for four consecutive weeks in
   a newspaper of general circulation in the county in which
   the site is located. The notice  published in a newspaper
   shall  be a display advertisement. The notice to individual
   landowners and the notice published in a newspaper shall
   identify the site, provide a summary of the criterion in WS
   35-11-1602 which makes the site eligible for participation
   in the VRP under this article, describe the process for the
   public to request the development  of a public participation
   plan under subsection (b) of this section, and provide
   a 30-day period for the public  to  request that a public
   participation plan be developed.
•  For any eligible site where there is significant
   public interest as determined by the director after
   considering the factors enumerated in paragraphs
   (i) through (iii) of this subsection, the person who
   has submitted an application for participation, or
   the owner of the site, shall prepare and implement
   a public participation plan which shall be approved
   by  the director. In preparing the plan, the applicant
   or owner shall consult with and consider the public
   participation needs of interested parties, including
   but not limited to contiguous surface owners of
   record and all known adjacent surface owners of
   record of  land, local government, local economic
   development agencies or groups, and public interest
   groups. In determining whether there is significant
   public interest, the  director shall consider whether
   there have been responses to the notice required
   under subsection (a) of this section requesting the
   development of a public participation plan by:
   •   At least 25 individuals;
   •   An organization representing at least 25
      individuals; or
   •   The governing body of a local government.
•  Any owner or operator of an eligible site which
   is also subject to permitting or corrective action
   requirements of the hazardous waste rules and
   regulations promulgated under WS 35-11-503(d)
   shall  prepare and implement a public participation
   plan which complies with those rules and
   regulations.
•  At  a minimum for any eligible site regardless
   of whether a public participation plan has been
   required,  prior to entering into a remedy agreement,
   the owner shall give written  notice of the proposed
   remedy agreement to all surface owners of record
   of land adjacent to the site,  and publish notice once
   per week for four consecutive weeks in a newspaper
   of general circulation in the  county in which the site
   is located. The notice shall be of a form and content
   prescribed by DEQ, and shall summarize the
   proposed remedy agreement, provide a description
   of the site, provide  for a 30-day public comment
   period after the date of the last publication, and
   provide an opportunity for an oral hearing.  An oral
   hearing on the proposed remedy agreement shall
   be  held if DEQ finds sufficient interest. DEQ may
   enter into a remedy agreement following the public
   comment period or any hearing, whichever is later.
Public participation activities (hearing, meetings,
etc.):  See above.

Statutory Authorities
Voluntary Remediation Law, WS 35-11-1601
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Arizona
 GfenerafOnformation
   Contact: Juli Boles, Brownfields Program Manager

           Tom Di Domizio, Voluntary Remediation
           Program (VRP) Manager

  Address: Arizona Department of Environmental Quality
           (ADEQ)
           1110 W.Washington Street
           Phoenix, AZ 85007

    Phone: Brownfields Assistance:  602771 4170 or
           800 234 5677 ext. 771 4170
           Voluntary Remediation Program: 602 771 4229
           or 800 234 5677 ext. 771 4229

       Fax: 602 771 2302

     Email: boles.juli@azdeq.gov
           didomizio.thomas@azdeq.gov

  Web site: http://www.adeq.state.az.us/environ/waste/
           cleanup/brownfields.html
Program Description
(VCP, brownfields, or related)
Brownfields definition: An abandoned or under-used
property with an active redevelopment potential that is
complicated by either real or perceived environmental
contamination.
Program titles:
•  ADEQ Brownfields Assistance Program
•  ADEQ Voluntary Remediation Program (VRP)
Liability relief provisions:  Prospective Purchaser
Agreement (PPA). If the purchaser of the property did not
contribute to the contamination at the site, potential Water
Quality Assurance Revolving Fund (WQARF) and state
Comprehensive Environmental Response Compensation
and Liability Act (CERCLA) liability may be avoided through a
written agreement with ADEQ. Pursuant to Arizona Revised
Statutes (ARS) §49-285.01, ADEQ may enter into a PPA,
which provides a written release and covenant not to sue for
any potential WQARF liability for existing contamination, if
certain statutory conditions are met. Although this statute also
refers to providing immunity from contribution claims, which
can only be provided through a court decree, ADEQ lacks the
independent authority to prevent other parties from pursuing
claims.
Financial incentives (grants, loans, tax provisions, etc.):
Site Assessment and Cleanup Grants -Through an
EPA grant, funds are provided to perform environmental
site investigation and cleanup activities if needed, for a
qualifying brownfield property. The program is available to
municipalities, prospective purchasers, and parties who
would not be found liable for any existing contamination at the
property. Information discovered during an investigation will
be considered a public record and will be made available for
review at ADEQ.
Legislative or program site eligibility requirements:  The
state's brownfields program covers sites that are abandoned
or idled as well as underused industrial and commercial
facilities where redevelopment is complicated by real or
perceived environmental contamination by hazardous
substances.
For a site to be considered a brownfield site, it must meet
three criteria:
•  It is an underutilized commercial or industrial site;
•  It has redevelopment potential; and
•  The site's redevelopment potential is complicated by
   known or perceived contamination with a hazardous
   substance as defined by CERCLA.
Anyone can participate in the VRP except those conducting:
•  Remedial activities subject to corrective action at or
   closure of a facility, which  has qualified for hazardous
   waste interim status or to which a hazardous waste permit
   has been issued.
•  Remedial activities pursuant to a written agreement
   between the applicant and the director.
•  Remedial activities subject to a judicial judgment or
   decree.
•  Remedial activities required by an administrative order
   issued by the director prior to the submission of a VRP
   application.
•  Remedial activities pursuant to a judicial action filed and
   served by the state prior to the submission of a VRP
   application.
•  Remedial activities at a site listed on, or proposed to be
   listed on, the  WQARF Registry.
•  Corrective actions being taken pertaining to a regulated
   underground  storage tank (LIST) unless a waiver of state
   assurance fund reimbursement is completed.
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Arizona
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VRP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  The Voluntary Remediation Fund is financed by
   transfers and user fees and may be used for program
   administration, remediation oversight, and document
   review.
•  The VRP program receives all of its funding from fees and
   federal grants.
Tax incentives (abatements, credits, etc.): No tax
incentives are available.
Other forms of support  (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available

Program Elements

Technical Elements
Methods/standards/controls: The remedies for cleanups
are selected  on a site-by-site basis. With orphan sites,
the state uses Maximum Contamination Level/Maximum
Contaminant Level Goals (MCLs/MCLGs), and  aquifer
standards, which are equivalent to both water quality
criteria and ground water standards. If responsible parties
are conducting cleanup they may reach agreement with
the state whereby the parties use a risk-based cleanup
standard. The state  applies risk assessment for: carcinogens/
non-carcinogens (10-6 to 10-4 Hazard Index of less than
or equal to 1); background levels; aquifer standards; MCLs/
MCLGs; soil standards; and chemical specific health-based
standards. Soil remediation standards may be site-specific
(10-6 to 10-4 for carcinogens, Hazard Index of less than 1)
or off-the-shelf  (based on 10-6 for known carcinogens and
10-5 for others). The state uses the same standards for
Resource Conservation Recovery Act (RCRA) and Leaking
Underground Storage Tanks (LUST).
For the VRP,  the state applies risk assessment for
carcinogens and  non-carcinogens (10-6 to 10-4 and a Hazard
Index of less than or equal to 1), water quality criteria, ground
water standards, soil standards, and chemical specific health-
based standards. ADEQ meets with the Department of Water
Resources (DWR) to examine the planned future land use.
In  addition, ADEQ will conduct public meetings  in order to
decide if it will perform a risk-based cleanup. For soil cleanups
less stringent than residential use standards, a  Declaration of
Environmental Use  Restriction (DEUR) is recorded after the
cleanup (ARS §49-152 and 158).
Contaminants covered/excluded: Excluded—Crude
oil and its fractions. Covered—Hazardous substances
that are mixed with petroleum products; hazardous
wastes as defined in the definition of hazardous
substance in CERCLA and including those listed under
RCRA; hazardous wastes that are ignitable, corrosive,
reactive, or toxic.
Use of long-term stewardship and institutional
controls (1C): Arizona has a long-term stewardship
program for the state voluntary and brownfields cleanup
programs that includes monitoring, institutional controls,
review and reevaluation, and DEUR that run with the
land.
   •   1C Tracking: The program maintains a database
      that tracks institutional controls and will be made
      available to the public via the ADEQ Web site.
      The database tracks both the implementation
      and monitoring of institutional controls at
      state cleanup program, VRP, brownfields, and
      federal facility sites. The primary users of this
      database are internal  staff,  property owners, and
      consultants.
   •   1C Oversight and Monitoring: The program
      provides oversight, review, reevaluation, and
      monitoring of ICs.
The following Web address is  a direct link to the state's
public database that maintains an inventory of sites,
maps sites,  and/or tracks institutional controls. This
link also provides additional information regarding
contaminated sites in the state.
http://www.azdeq.gov/databases/deursearch.html

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service:
Effective February 9, 2001, the VRP interim fee rules:
•  Establish a $2,000 non-refundable application fee.
•  Establish an hourly VRP  oversight rate of $110 per
   hour.
•  Provide for an initial deposit of $4,000, to be
   submitted with the participant's work plan or request
   for an NFA determination.
•  Provide for additional deposits of $4,000, if an
   account drops below $1,000.
•  Provide small businesses with the opportunity to
   pay the application fee in installments under an
   agreement with the department.
•  Provide for quarterly billing statements.
Funding source for administrative costs and staff:
Fees and federal grants
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Arizona
Cleanup Activities
Sites currently in VCP: 92
Sites completed under VRP: 152 complete, 1 pending (7
Phase l/ll completed, 1 cleanup completed, and 1 cleanup in
progress with Brownfields Section 128(a) grant funding)
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):
•  Faster cleanup of environmental contamination.
•  Streamlined processing and interaction with ADEQ.
•  Expedited review and approval of cleanup activities.
•  No further action determinations for successfully
   remediated properties.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  ARS §49-289.02 requires the director to give
notice of remedial actions to affected communities.
ARS §49-289.03 states that the public will receive notice
and be provided an opportunity to comment to the director
regarding the following actions taken by the director:
•  The placement of a site on the registry.
•  The selection of a remedy.
•  Entering into a PPA.
•  Entering into a settlement with a responsible party.
The provision also requires the department to develop a
community involvement plan, including the establishment of a
community advisory board, for each site.
ARS §49-176 establishes the community involvement
requirements for the VRP, including requirements for notice
and opportunity for comment.
Public participation activities (hearing, meetings, etc.):
ARS §49-176(D) requires the director to consider written
comments in response to a public notice providing an
opportunity to comment or any public meeting held prior to
approving a work plan pursuant to §49-177 or issuing an NFA
determination pursuant to §49-181. The director may require
the applicant to conduct a public meeting prior to approving a
work plan for which notice  is required pursuant to the statute.
Statutory Authorities
•  The Environmental Quality Act, ARS, Title 49, Ch.2,
   §§281 to 298 (1986, as amended 1987, 1990, 1992, 1994,
   1995, and substantially amended in 1997), establishes
   the WQARF and provides for strict and proportional
   liability, administrative orders, abatement and remedial
   actions, injunctive actions, water supply replacement, civil
   penalties, cost recovery, treble damages, and voluntary
   cleanups, and requires the ADEQ to set risk-based
   remediation standards for residential and nonresidential
   use. The 1992 Amendments, ARS, Title 49, Ch.290§10,
   Ch. 291 §8 and Ch. 300 §5,  identify sources of Fund
   monies, authorize uses of the Fund, set forth remedial
   action criteria, and provide additional enforcement
   authority. ARS, Title 49, Ch. 295 (1992) provides for
   environmental lien authority. The 1997 amendments
   provided for a new registry, replacing the former priority
   list, changed the liability standard to proportional, and
   provided detailed authority for voluntary cleanups. The
   Environmental Liens (ARS §49-295) statute provides
   for enforcement authorities and contaminated property
   transfer and notice. Voluntary cleanups are provided
   for under the Greenfields Pilot  Program, ARS, Title  49,
   §§153 to 157/1997 and the VRP (ARS §§49-171 to 188)
   The VRP also provides for brownfields and contaminated
   property transfer and notice. Brownfields are also provided
   for under the BCRLF Program  (ARS §49-295).
•  APC&EC Regulation 29—Brownfields Redevelopment
128
       State Brownfields and Voluntary Response Programs:

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California
 GfenerafOnformafion
   Contact: Barbara Cook, RE.
  Address: California Department of Toxic Substances
           Control (DISC)
           700 Heinz Avenue
           Berkeley, CA 94710
    Phone: 5105403825
       Fax: 5105403819
     Email: bcook@dtsc.ca.gov
  Web site: http://www.dtsc.ca.gov/SiteCleanup/
           Brownfields/
           http://www. calepa. ca. gov/Brownfields/
Program Description
(VCP, brownfields, or related)
Two regulatory bodies within the California Environmental
Protection Agency (Cal/EPA) oversee the cleanup of
brownfields in California, the Department of Toxic Substances
Control (DTSC) and the Regional Water Quality Control
Boards (Water Boards). DTSC generally oversees the
cleanup of hazardous substance releases, while the Water
Boards generally oversee the cleanup of petroleum and
other hazardous materials that could potentially affect
water quality. While there is overlap in implementing these
programs, the Water Boards generally address brownfields
cleanups  using their Spills, Leaks, Investigations and Cleanup
Program (SLIC) or their Leaking Underground Storage Tank
(LIST) Cleanup Fund Program. DTSC generally addresses
brownfields cleanups using programs under its Brownfields
and Environmental Restoration Program. This survey focuses
mainly on DTSC's cleanup programs.
Brownfields definition: Properties that are contaminated,
or thought to be contaminated, and are underutilized due to
perceived remediation costs and liability concerns.
Program titles:
•  DTSC's Site Mitigation and Brownfields Reuse Program
   •  Voluntary Cleanup Program (VCP)
   •  The Cleanup Loans and Environmental Assistance to
     Neighborhoods (CLEAN) Program
   •  Schools Team
   •  Polanco Redevelopment Act and Redevelopment
     Agency Environmental Oversight Agreement  Program
     (EOA)
   •  California Land Reuse and Revitalization Act  of 2004
     (CLRRA)
•  Water Boards' Site Assessment and Cleanup
   Programs
   •  Leaking Underground Storage Tank Cleanup
     Fund Program
   •  Spills, Leaks,  Investigations and Cleanup (SLIC)
     Program
•  Cal/EPA
   •  Site Designation Program
Liability relief provisions:  California's Lender Liability
law (Health and Safety Code (HSC) 25548-25548.7)
exempts lenders from liability under state and local
laws  and ordinances (but not from common law liability)
provided they do not participate in the management
of the property and did not directly contribute to the
release or potential  release of hazardous substances
on the property. Lenders acquiring property through a
foreclosure or its equivalent, must make a good faith
effort to sell the property.
Residential property owners and owners of common
areas within a residential common interest development
are not liable for: 1)  hazardous substance  releases that
occurred prior to their ownership of which  they were
unaware and had no reason to know about; and 2)
a release of a hazardous substance to ground water
underlying the property if the release occurred at a site
other than the property.
CLRRA (effective January 1, 2005) initiates a
voluntary program that provides immunity  from liability
for response  costs or damage claims to qualified
innocent landowners, bonafide purchasers, bona
fide ground tenants, and contiguous property owners
of property in urban areas. Participants seeking to
qualify for immunity  must enter into an agreement that
includes the preparation and implementation of a site
assessment plan and, if  necessary, a response plan.
A certificate of completion is issued upon determining
that all response actions have been satisfactorily
completed in accordance with the agency  approved
response. This statute will repeal on January 1, 2010
but immunities granted will continue after that date if the
person remains in compliance with the requirements.
Currently, an amendment to this statute is moving
through legislation to extend this date.
A Prospective Purchaser Agreement (PPA) is a
legally binding agreement between DTSC or a Water
Board and a  prospective purchaser, which limits
the purchaser's liability to either DTSC or the Water
Board for known releases of hazardous substances or
materials at the property in exchange for a commitment
by the purchaser to  undertake or fund some or all of
the necessary site cleanup activities. The PPA does not
provide liability protection from the federal government
or from any additional contamination.
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California
DISC and the Water Boards also have general policies
not to pursue enforcement for cleanup against prospective
purchasers/tenants/lessors who become site owners or
operators if all of the following conditions are met:
•  They do not exacerbate or contribute to the existing
   contamination.
•  Their operation will not result in health risks to persons on
   the site.
•  They are not a responsible party (or affiliate) with respect
   to the existing contamination.
•  They allow access for, and do not interfere with,
   remediation activities.
•  Unauthorized disposal is not occurring on the site
•  There are other viable responsible parties who are willing
   to conduct any necessary remediation.
The Polanco Redevelopment Act provides immunity from
liability for redevelopment agencies that undertake and
complete an action, or cause another person to undertake
and complete an action, to remedy or remove a hazardous
substance release on, under, or from property within a
redevelopment project area. Upon proper completion of
a removal or remedial action, this immunity from liability
extends to subsequent property owners and operators and
may extend to others involved in the redevelopment process.
The immunity from liability is expressly  not extended to
persons who were responsible parties for the release. DTSC
developed a program specific to redevelopment agencies
exercising their authority under the Polanco Redevelopment
Act. The Redevelopment Agency Environmental Oversight
Agreement Program provides a standardized, menu-driven
approach to streamline cleanup for these agencies by
encouraging more effective integration with local processes.
A Site Designation program was created to minimize and/
or eliminate the duplication of effort of state and local
regulatory agencies  involved in the oversight of site cleanup
and to ensure approval by all participating  agencies. A
Site Designation Committee designates an appropriate
administering agency that consults with other appropriate
support agencies to  ensure consistency in applying the other
agencies' requirements. A certificate of completion is issued
after a site cleanup has been completed. Once issued, the
certification provides that no additional  cleanup work (other
than compliance with the certificate conditions) need be done
absent special circumstances.
The Expedited Remedial Action Program (ERAP) (HSC
25396-25399.2) is a pilot program established in 1994. It
utilizes the Site Designation process and therefore provides a
certificate of completion following the cleanup. This program
also provides a covenant not to sue to the  participating
responsible parties following completion of the cleanup.
Financial incentives (grants, loans, tax provisions, etc.):
•  Targeted Site Investigation—Using grant funds provided
   by EPA through the State Response Program grant,
   the Targeted Site Investigation (TSI) program provides
   funds for DTSC to perform environmental site
   investigations at no cost to the applicant. The
   TSI funds are intended to provide state and local
   governments, school districts, redevelopment
   agencies, or nonprofit organizations an opportunity
   to gain more information about a site's condition,
   which can directly affect decisions on property
   acquisition or cleanup strategy.
•  The CLEAN Program, established in 2000, provides
   low-interest loans for site characterization (up to
   $100,000) and site cleanup (up to $2,500,000) to
   help developers, businesses, schools, and  local
   governments accelerate the pace of cleanup and
   redevelopment at sites. Currently, there is about
   $3 million funding available for this program. DTSC
   hopes to accept applications again  in early-2010.
•  DTSC, partnering with San Francisco and Los
   Angeles, received a competitive Revolving  Loan
   Fund grant. The funds are available to assist entities
   in undertaking cleanup activities at  eligible  sites.
•  DTSC received $1.8 million dollars  in federal
   American Recovery and Reinvestment (ARRA)
   federal stimulus funds. DTSC is accepting
   applications.
•  ERAP provides funding for the portion of cleanup
   costs allocated to responsible persons who are
   deceased, cannot be identified or located, or are
   found to be  insolvent. DTSC makes the allocation
   of liability at the time the remedial action  plan is
   proposed.
Legislative or program site eligibility requirements:
VCP—Most sites are eligible unless listed as a federal
or state Superfund site, a military facility, a site that
falls outside of DTSC's jurisdiction, or if another agency
currently has oversight. The focus of the program is to
help revitalize California's urban areas.
CLRRA—To qualify for liability relief, there are specific
eligibility requirements for both the property and
for innocent landowner, bonafide purchasers, and
contiguous property owners. A person must establish
specific conditions to qualify including:
•  Conducting All Appropriate Inquiries.
•  Exercising appropriate care with respect  to the
   release or threatened release.
•  Providing full cooperation and site access to those
   conducting the response action.
•  Complying with land use controls.
•  Complying with requests for information.
•  Providing all notices and satisfying  reporting
   requirements.
CLEAN  Program—There are eligibility requirements
for the person applying for these low-interest loans
and for the property where the loan will be utilized.
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       State Brownfields and Voluntary Response Programs:

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California
Eligible properties include: properties within enterprise
zones; properties where redevelopment will meet specified
requirements that will benefit local government and/or the
local community; and properties being used to expand
industrial or commercial facilities owned or operated by
nonprofit corporations or small businesses.
Redevelopment Agency EOA Program—This program is
only available to local redevelopment agencies for properties
located within a Redevelopment Project Area, as defined by
statute.
The Schools Team ensures the assessment and cleanup
of proposed school property sites to a level that protects
the  students and faculty who will occupy the new school.
All proposed school sites that will receive state funding for
acquisition or construction are required to go through a
rigorous environmental review and cleanup process.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): DTSC, partnering with San
Francisco and Los Angeles, offers loans or subgrants to
eligible shovel ready cleanup projects under its Brownfield
Revolving Loan and ARRA funding. DTSC is accepting
applications.
The CLEAN Program offers low-interest loans of up to
$2,500,000 for the cleanup or removal of hazardous materials
at underused urban properties where redevelopment is likely
to have a beneficial impact on the property values,  economic
viability, and quality of life of the surrounding community.
LIST Cleanup Fund is administered by the State  Water
Resources Control Board.  The Fund reimburses  for allowable
costs in the cleanup of  releases from underground  storage
tanks.
The Toxic Substances Control Account (TSCA) is used
for site investigation, studies and design, removal and
remedial actions (prohibited until responsible parties (RPs)
are  given notice and opportunity to clean up), emergency
response, operations and maintenance, state Comprehensive
Environmental  Response Compensation and Liability Act
(CERCLA) match, program administration, and enforcement
against RPs.
Reimbursement funding also comes from site specific
reimbursement agreements as a result of consent
agreements and may be used for site investigation  and
design, removals, operations and maintenance, long-term
stewardship, and remedial actions.
VCP Agreements are fee-for-service programs which
cover services  ranging  from an initial site assessment, to
oversight and certification  of a full site cleanup, based on
the  proponent's financial and scheduling objectives. The
VCP agreement specifies the estimated DTSC costs,
scheduling for the project, and DTSC services to be
provided.
The SLIC Program is the Water Board's VCP
equivalent. Agreements require the applicant to pay for
the cost of Water Board oversight of their activities.
Tax incentives (abatements, credits, etc.): None
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):
The California Financial Assurance and Insurance
for Redevelopment Program (FAIR Program) (HSC
25395.40-25395.45) is authorized by statute but
implementation of the program has been unsuccessful
to date. The objective of the FAIR Program is to lower
the transaction costs of environmental insurance by
providing a package of pre-negotiated and standardized
policies to stimulate the cleanup and redevelopment
of brownfields and other environmentally impaired
properties throughout the state.

Program Elements

Technical Elements
Methods/standards/controls: The DTSC cleanup
processes generally follow the federal National
Contingency Plan (NCP) cleanup process. ERAP, the
California Land Reuse  and Revitaiization Program,
and the  Redevelopment Agency EOA Program
provide alternative cleanup approaches which do not
require consistency with the NCP cleanup process.
The following discussions relate to DTSC's cleanup
processes. The Water Boards may also follow this
process, but  generally follow a less structured cleanup
process developed under the Water Code.
DTSC follows EPA guidance for risk assessments and
uses the federal risk management range with 10-6 as
the point of departure. The state publishes chemical-
specific toxicity factors that are useful in assessing
potential risks and hazards from chemicals at sites.
Cal/EPA developed screening levels for hazardous
substances typically found at brownfield sites to assist
developers and local governments in estimating the
costs and extent of cleanup. Water Boards develop
Basin Plans which set cleanup requirements for
ground water and surface water within each basin.
Recent legislation (AB 422) requires DTSC and the
Water Boards to evaluate the potential for migration of
chemicals into indoor air.
Cleanup plans are called Remedial Action  Plans
(RAPs) or Removal  Action Workplans (RAWs)
depending upon the capital costs of the recommended
cleanup alternative. RAPs are generally used if capital
costs for the  proposed cleanup method are estimated to
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California
be more than $1,000,000 and use the nine federal criteria to
evaluate alternatives in addition to six state criteria. RAWs are
generally used if capital costs are estimated to be $1,000,000
or less and use three evaluation criteria similar to the federal
Engineering Evaluation/Cost Analysis (EE/CA) guidance.
Land use restrictions placing limits or requirements on future
use of a property are required by regulations when properties
are not remediated to unrestricted use criteria. DISC is
statutorily required to maintain a list of all land use restrictions
recorded as a condition of cleanup to protect the public from
unsafe exposures to residual contamination that is left in
place. Deed Restricted Sites are posted on the DISC Web
site in the EnviroStor database to provide the public easy
access to information on deed restrictions and affected sites.
All of the cleanup programs make a determination for sites
within the program that do not pose an unacceptable  risk.
DISC issues a no further action determination or certifies a
site once the final remedy has  been fully implemented. The
Water Boards issue a no action letter or a no active cleanup
letter at case closure. Both entities issue a certificate  of
completion  following implementation of the final remedy for
sites within the Site Designation Program.
Contaminants covered/excluded: DISC generally
regulates hazardous substances, consistent with the federal
definition. Petroleum releases from non-underground  storage
tank releases may also be addressed. DTSC's Schools Team
also addresses naturally-occurring chemicals. The Water
Boards regulate hazardous materials which include petroleum
hydrocarbons.
Use of long-term stewardship and institutional controls
(1C): DTSC has a long-term stewardship program that
covers all cleanup activities. The state allows institutional
controls,  monitors and enforces cleanups, and completes
audits. Institutional controls include well drilling restrictions,
easements, restrictive covenants, reversionary interests, deed
restrictions, and notices placed on deeds. As mandated by
state law, DTSC maintains a list of deed-restricted properties
that is available on the Internet.
   •  1C Tracking: Institutional controls used by DTSC to
     notify the public include posting sites, publishing notices
     in newspaper, creating mailings for local residents, and
     maintaining the EnviroStor database. The state has a
     process outlined in statute to remove a deed restriction
     if a site is remediated to unrestricted use.
   •  1C Oversight: DTSC is currently utilizing the
     TerradexTM LandWatch system to give early
     notification of potential activities on properties subject
     to land use restrictions implemented as part of a final
     remedy for a site under DTSC oversight.
   •  1C Monitoring: In addition to deed restrictions,
     DTSC's regulations also require financial assurance
     for sites that are not cleaned to levels appropriate
     for unrestricted use. DTSC also requires the periodic
     review of site conditions to ensure that site conditions
     have  not changed and that the remedy is still effective.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
http://www.envirostor.dtsc.ca.gov/public/deed restrictions.asp

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: DTSC is
obligated to recover its costs and does this through voluntary
cleanup agreements, reimbursement agreements, contracts,
and settlements. The Water Board SLIC program also
requires reimbursement of staff costs.
Funding source for administrative costs and
staff: For DTSC, TSCA (75%), federal grants (20%),  and
reimbursement monies (5%).

Cleanup Activities
Sites currently in VCP:  DTSC staff conducts and oversees
cleanup on an  average of 500 hazardous substance release
sites at any given time.
Sites completed under VCP: DTSC staff issued either
certifications or no further action decisions on over 300
cleanups.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): The VCP allows motivated parties who are
able to fund the cleanup—and DTSC's oversight—to move
ahead at their own speed to investigate and remediate their
sites in keeping with DTSC processes and standards.
PPAs provide legal protection to purchasers or developers
who are willing to clean up contaminated sites at their own
expense, but are apprehensive about liability for existing
contamination. Under a PPA, DTSC provides a covenant not
to sue for existing contamination and provides for contribution
protection.
The ERAP revises a liability scheme based on fair and
equitable standards and provides indemnification
protection through a covenant not to sue.
The Redevelopment Agency EOA Program allows
redevelopment agencies  to enter into agreements with DTSC
for oversight and services under the Polanco Act, which
unlike the VCP, does not  designate these agencies as RPs.
This program also allows redevelopment agencies to  initiate
investigative and/or cleanup work, while reserving their option
to withdraw from the process without negative consequences.
CLRRA provides broad liability relief from numerous statutes
as well as immunity from non-agency claims for response
costs or other damages.
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       State Brownfields and Voluntary Response Programs:

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California
Public Participation
Public participation requirements (notice, comment
periods, etc.): DISC publishes a Public Participation
Guidance Manual to assist those cleaning up sites in
conducting the required public participation activities. For
each site undergoing site characterization and cleanup,
DISC assesses the community around the site to determine
what their specific interests and needs are with respect to
the site and how best to involve them in DTSC's decision-
making process. Fact sheets, public notices, work notices,
and responsiveness summaries (i.e., in response to
comments received on remedy selection documents) are
generally required to keep people informed. Anyone affected
by a removal or remedial  action must be provided with the
opportunity to participate  in DTSC's decision-making process.
DISC must develop and make available to the public, a
schedule of activities for each site. These policies apply to
both state Superfund and VCP sites.
The Porter-Cologne Act contains specific notice requirements
including a requirement that the Water Boards must publish
a list of sites where Methyl Tertiary Butyl Ether (MTBE) has
been detected in ground water. For sites under CLRRA,
specific public participation requirements are described for
the Water Boards.
The California Land Reuse and Revitalization Act specifies
public participation  requirements for both DTSC and the
Water Board. Fact sheets, public  notices, work notices, and
responsiveness summaries (i.e.,  in response to comments
received on remedy selection documents) are generally
required to keep people informed. The Response Plan must
undergo a 30-day public review and comment period.
Public participation activities (hearing, meetings, etc.):
DTSC generally holds at least one public meeting before
adopting a remedial action plan. The determination whether
to require a public meeting at other times during the cleanup
process is based upon an assessment of the specific needs
of the surrounding community.
The Porter-Cologne Act contains requirements to notify
interested persons of public hearings or meetings concerning
a site. Water Boards have traditionally used their Board
meetings to provide interested persons with an opportunity
to comment on a project.  For high interest sites, community
meetings may also  be held  near the project location.
Statutory Authorities
California Health and Safety Code:
•  The Hazardous Substance Account Act, Division
   20, Chapter 6.8 §§25300 et seq. (1981, as
   amended  in subsequent years) establishes the
   Site Mitigation Program and provides for cleanup
   funding, enforcement authority, priority list, long-
   term stewardship, voluntary cleanup,  establishes the
   CLEAN Program (§§25395.20-25395.32), the FAIR
   Program (§25395.40-25395.45)  and the Private Site
   Manager Program (§25395.1-25395.15).
•  Division 20, Chapter 6.85 (HSC 25396-25399.2)
   establishes the ERAR
•  Division 20, Chapter 6.82 (§25395.60-25395.105)
   and Chapter 6.83 (§25395.110-25395.119) contains
   the liability protections contained in the CLRRA.
•  Community Redevelopment Law (Polanco
   Redevelopment Act), Division 24, Part 1, Chapter 4,
   Article 12.5, §33459-33459.8.
•  Division 20, Chapter 6.65, §§25260-25268 of the
   California  Health and Safety Code Unified Agency
   Review of Hazardous Release Sites (HSC 25260-
   25268) establishes the Site Designation Program
   and process.
•  Environmental Review Process for Proposed  New or
   Expanding School Sites: Education Code, sections
   17210, 17210.1, 17213.1, and 17213.2
California Code of Regulations:
•  Title 22, Chapter 390,  §67391.1 contains regulations
   requiring land use covenants and financial
   assurance for sites not cleaned up to unrestricted
   residential cleanup standards.
•  Title 22, Chapter 40, §§67401.3 and 67401.7
   contain regulations for ERAP.
•  Title 22, Chapter 47, §§68200-68214 contains
   regulations for the CLEAN  Program.
•  Title 22, Chapter 51, §§69000-69013 contains
   regulations for the Private Site Manager Program.
•  Title 22, Chapter 51.5, §§69100-69105 contains
   regulations for Phase I Environmental Site
   Assessments conducted for potential school sites.
An Update from the States
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Guam
 (genera fOnformation
   Contact: Roland Gutierrez
           Guam Environmental Protection Agency
           (GEPA)

  Address: DSMOA/Brownfields Program
           Guam Environmental Protection Agency
           P.O. Box 22439 GMF
           Barrigada, GU 96913
    Phone:671 4751658

       Fax: 671 475 8007

     Email: Roland.Gutierrez@epa.guam.gov
  Web site: http://node.guamepa.net/programs/admin
           dsmoa.html
Program Description
(VCP, brownfields, or related)
Guam EPA has recently begun addressing brownfield
sites and works in partnership with the Guam Economic
Development and Commerce Authority, the Port Authority
of Guam, and the Guam International Airport Authority.
It is their goal to identify and evaluate the risks posed
by these properties and find solutions so that reuse and
redevelopment is possible.
Brownfields definition: Brownfield 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. The
Brownfields Site definition is found in Public Law 107-118
(H.R. 2869) - "Small Business Liability Relief and Brownfields
Revitalization Act" signed into law January 11, 2002.
Program titles: Guam Environmental Assessment &
Remediation (GEAR) Program
Liability relief provisions:  None
Financial incentives (grants, loans, tax  provisions, etc.):
No
Legislative or program site eligibility requirements:
The Brownfields Law identifies three types of properties that
are  specifically eligible for funding:
1. Sites contaminated by controlled  substances
2. Sites contaminated by petroleum or a petroleum product
3. Mine-scarred lands
Sites Not Eligible for Funding Without a Property-Specific
Determination
• Facilities subject to planned or ongoing Comprehensive
  Environmental Response Compensation and Liability Act
  (CERCLA) removal actions.
•  Facilities that are subject to unilateral administrative
   orders, court orders, administrative orders on consent
   or judicial consent decrees or to which a permit has
   been issued by the United States or an authorized state
   under the Solid Waste Disposal Act (as amended by the
   Resource Conservation and Recovery Act (RCRA)), the
   Federal Water Pollution Control Act (FWPCA), the Toxic
   Substances Control Act (TSCA), or the Safe Drinking
   Water Act (SDWA).
•  Facilities subject to corrective action orders  under RCRA
   (sections 3004(u) or 3008(h)) and to which a corrective
   action permit or order has  been issued or modified to
   require the  implementation of corrective measures.
•  Facilities that are land disposal units that have filed a
   closure  notification under subtitle C of RCRA and to which
   closure  requirements have been specified in a closure
   plan or permit.
•  Facilities where there has  been a release of
   polychlorinated biphenyls  (PCBs) and are subject to
   remediation under TSCA.
•  Portions of  facilities for which funding for remediation has
   been obtained from the Leaking Underground Storage
   Tank (LUST) Trust Fund.
Sites Not Eligible for Brownfields Funding and Not
Eligible for a  Property-Specific Determination
•  Facilities listed (or proposed for listing) on the National
   Priorities List (NPL).
•  Facilities subject to unilateral administrative orders, court
   orders, administrative orders on consent, or judicial
   consent decrees issued to or entered into by parties under
   CERCLA.
•  Facilities that are subject to the jurisdiction,  custody or
   control of the United States government. (NOTE: Land
   held in trust by the  United  States government for an Indian
   tribe is eligible for brownfields funding.)

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  128(a) - $400,000 for Brownfields Site Assessment and
   Cleanup (2004)
   •  $350,000 for Brownfields Site Assessment and
     Cleanup (2007)
   •  $350,000 for Brownfields Site Assessment and
     Cleanup (2009)
•  104(k) - $200,000 for Hazardous Substance Site
   Assessment and $200,000 for  Petroleum Site
   Assessments (2006 - 2009)
134
       State Brownfields and Voluntary Response Programs:

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Guam
Tax incentives (abatements, credits, etc.): None
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): None

Program Elements

Technical Elements
Methods/standards/controls:  None
Contaminants covered/excluded: Petroleum, lead-based
paint, asbestos
Use of long-term stewardship and institutional controls
(1C):  None

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  None
Costs to enter program or fees for service: None
Funding source for administrative costs and staff:
128(a) Grant and 104(k) Cooperative Agreement

Cleanup Activities
Sites currently in VCP: None
Sites completed under VCP: None
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): None

Public Participation
Public participation requirements (notice, comment
periods, etc.): Public Notice, Public Comment,  Press
Release, Public Records, Web site, Public Repository
Public participation activities (hearing, meetings,
etc.): Public meetings, Web site, Public Repository

Statutory Authorities
Guam does not have a law which fully equates to all CERCLA
response  authorities. It has partial and limited CERCLA-like
legal authorities in three laws and an adopted RCRA subtitle
C regulation:
•   Environmental Trust Fund Law, 10 GCA §§ 45200-45203
•   Article  1 of the Solid Waste Law, 10 GCA § 51101-51118.1
•   Underground Storage Tank Law, 10 GCA §§ 76101 -76120
•   Adopted RCRA subtitle C regulation, 22 GAR §§30101-
   30113
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Hawaii
 GfenerafOnformation

   Contact: Fenix Grange

  Address: Hazard Evaluation and Emergency
           Response Office
           Hawaii, State Department of Health (DOH)
           919 Ala Moana Boulevard, Room 206
           Honolulu, HI 96814

    Phone: 808 586 4249

     Email: fenix.grange@doh.hawaii.gov

   Contact: Ruby Edwards

  Address: Brownfields Cleanup and Redevelopment
           Office of Planning
           Department of Business Economic
           Development and Tourism
           P.O. Box 2359
           Honolulu, HI 96804-2359

    Phone: 8085872817

     Email: redwards@dbedt.hawaii.gov

   Contact: Mary Alice Evans

  Address: Office of Planning
           Department of Business Economic
           Development and Tourism
           P.O. Box 2359
           Honolulu, HI 96804-2359

    Phone: 8085872802

     Email: maevans@dbedt.hawaii.gov

 Web sites: http://www.hawaii.gov/dbedt/gis/brownfields/

           http://www.hawaii.gov/doh/eh/heer/vrp.html
Program Description
(VCP, brownfields, or related)
Brownfields definition: Properties that are contaminated
to the extent that some type of response action is needed
before, or in conjunction with, future development.
Program titles:
•  Voluntary Response Program (VRP)
•  Fast Track Cleanup Process
•  EPA Assessment Grant Programs
•  EPA Cleanup Revolving  Loan Fund programs
•  EPA Job Training Grant Program
Liability relief provisions: The Hawaii Environmental
Response  Law states that a defendant may avoid liability
where the real property on which the facility concerned is
located was acquired by the defendant after the disposal or
placement of the hazardous substance on, in, or at the facility,
and either: 1) at the time the defendant acquired the facility
the defendant did not know and had no reason to know that
any hazardous substance which is the subject of the release
or threatened release was disposed on, in, or at the facility;
2) the defendant is a government entity which acquired the
facility through involuntary transfer or acquisition; or 3) the
defendant acquired the facility by inheritance or bequest.
The Hawaii Environmental Response  Law also states that
a prospective purchaser will qualify for an exemption from
liability by: 1) entering into a voluntary response agreement
with the department prior to becoming the owner or operator
of the property that is the subject of the agreement; and 2)
completing a voluntary response action and receiving a letter
of completion from the DOH. Parties who purchase property
from an owner who has completed a voluntary response
action and received a letter of completion from the DOH will
be exempt from future liability to the DOH as to the specific
hazardous substances at issue in the  voluntary response
action.
The Hawaii Environmental Response  Law was amended
in 2009 to add a definition for "bona fide prospective
purchasers" consistent with federal  law and to limit liability for
bona fide prospective purchasers who knowingly purchase
contaminated property. The recent amendment makes the
Hawaii Environmental Response Law  consistent with federal
Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) amendments enacted in 2002.
Financial incentives (grants, loans,  tax provisions,
etc.): Potential sources of leveraged state funds for the
State of Hawaii Brownfields Cleanup Revolving Loan Fund
include the Hawaii Capital Loan Program, Hawaii  Innovation
Development Program, Community-Based Economic
Development Loan Program, and the nonprofit Hawaii
Community Loan Fund.
County-administered Community Development Block Grants
(CDBG) may also be leveraged.
Coalition  partners work through existing planning and
redevelopment programs to identify additional funding
sources for brownfields cleanup.
Legislative or program site eligibility requirements: All
sites are eligible  except for:
•  A site  listed or proposed to be listed on the National
   Priorities List  (NPL).
•  Those sites with respect to which an order or other
   enforcement actions has been issued or entered under
   Comprehensive Environmental Response Compensation
   and Liability Act (CERCLA) and is still  in effect.
•  A site where the United States Coast Guard has issued a
   federal Letter of Interest.
•  A site that is subject to corrective action under Subtitle C
   of the  Resource Conservation and  Recovery Act (RCRA)
   and chapter 342J of the state's hazardous waste law.
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       State Brownfields and Voluntary Response Programs:

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Hawaii
•  A site that poses an imminent and substantial threat to
   human health, the environment, or natural resources as
   determined by the director.
The requesting party must provide the DOH with written
consent from the property owner to conduct the voluntary
response action including any restrictions of property rights.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  Assessment Grant program (EPA funded up to $400,000
   over two years).
•  Cleanup Revolving Loan Fund program (EPA funded up to
   $2,000,000 over five years).
Tax incentives (abatements, credits, etc.): No information
available
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): Job
Training Grant programs to provide training for residents of
communities affected by brownfields to  facilitate cleanup of
brownfields sites and prepare trainees for future employment
in the environmental field. (Each EPA grant is funded up to
$200,000 over two years.)

Program Elements

Technical Elements
Methods/standards/controls: Hawaii  uses a compilation of
Environmental Action Levels (EAL) prepared by an in-house
scientist. The EALs cover  all environmental hazards, not just
human health. The VRP requires that cleanup for carcinogens
be to a cancer risk level of 10-6.
Contaminants covered/excluded: 150+ common
contaminants are covered, including petroleum compounds,
solvents, metals, pesticides, dioxins, Polychlorinated
Biphenyls (PCS), PAHs, etc.  Asbestos  and lead-based paint
evaluated separately.
Use of long-term stewardship and institutional controls
(1C):  Institutional controls allowed, primarily after active
remediation has been conducted.
   •  1C Tracking: Hawaii does not have an 1C tracking
     system
   •  1C Oversight: Hawaii does not provide 1C oversight.
   •  1C Monitoring: Hawaii does not monitor ICs.

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: $1,000
application fee per request, $100 per hour oversight charge
(applied to a required $5,000 deposit).
Funding source for administrative costs and
staff: EPA, State of Hawaii Brownfields Cleanup
Revolving Loan Fund.

Cleanup Activities
Sites currently in VCP: 28
Sites completed under VCP: 12
Benefits (incentives to participate in the VCP,
covenants  not to sue, etc.): Letter of completion,
liability protection as previously described.

Public Participation
Public participation requirements (notice, comment
periods, etc.):
•  Title 10.  Public Safety and Internal Security, Chapter
   128D. Environmental Response Law, PART II.
   Voluntary Response Program (§§128D-31 et seq.).
•  Hawaii Administrative Rules Chapter 11-451, the
   State Contingency Plan.
Public participation activities may be implemented
by the DOH and required of responsible parties, in
accordance with the state contingency plan, or any
other state rule.
Within 10 days of receiving an application and
processing fee, the department is required to:
•  Post a sign at the site notifying the public of
   participation in the voluntary response  program, the
   public's opportunity to comment, and how a copy of
   the application may be obtained.
•  Send a brief summary of the application to the
   Hawaii Office of Environmental Quality Control
   for publication in the office's bulletin along with
   instructions for obtaining a copy of the  application
   and commenting procedures to the department.
The Hawaii  Administrative  Rules also provide for the
availability of the administrative record of the selection
of a remedial action for public inspection, and mandates
(within 60 days after  initiation of onsite removal activity)
the availability the administrative record of removal
actions for public inspection.
Public participation activities (hearings, meetings,
etc.): No information available

Statutory Authorities
•  Title 10.  Public Safety and Internal Security, Chapter
   128D. Environmental Response Law, PART II.
   Voluntary Response Program (§§128D-31 et seq.).
•  Hawaii Administrative Rules Chapter 11-451, the
   State Contingency Plan.
An Update from the States
                                                   137

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Nevada
 (genera fOnformation
   Contact: Lisa Johnson

  Address: Nevada Division of Environmental Protection
           (NDEP)
           Bureau of Corrective Actions
           901 S Stewart Street
           Carson City, NV 89701

    Phone: 775 687 9379

       Fax: 775 687 8335

  Web site: http://ndep.nv.gov/bca/brownfld.htm
Program Description
(VCP, Brownfields, or related)
Nevada's Brownfields Program aims to reach out for
opportunities to create partnerships that improve Nevadan's
lives and the quality of their communities, and to be
acknowledged as an agency that maximizes opportunities
through the creative and efficient use of resources.
The Nevada State legislature passed the Voluntary Cleanup
Program (VCP) in 1999. The VCP provides relief from
liability to owners who undertake cleanups  of contaminated
properties under the oversight of the NDEP.
Brownfields definition: The term brownfields is used
to describe abandoned, idled,  or underused industrial or
commercial properties taken out of productive use because of
real or perceived risks from environmental contamination.
Program titles:  Nevada Brownfields Program, VCP
Liability relief provisions: The VCP provides liability relief
to: 1) current owners of contaminated sites; 2) prospective
purchasers; 3) financial entities who hold an evidence of title
to protect a security interest; or 4) a government entity which
has received a parcel of real property through default.
The 2003 State Legislative Session resulted in the adoption
of liability relief provisions for bona fide prospective
purchasers and innocent landowners modeled on the federal
Brownfields Law.
Financial incentives (grants, loans, tax provisions,
etc.): The state received federal funds intended for use
in encouraging brownfields redevelopment; the Nevada
Brownfields Program manages these funds for use in a
holistic approach to  redevelopment where environmental
concerns may present a barrier. Grants and low-interest loans
are available for assessment and cleanup activities.
Legislative or program site eligibility requirements:
For VCP—Application and site characterization  information.
For brownfields funding—Federal site eligibility criteria are
used.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):  State uses a portion of its
Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) Section 128 State Response Program
funds to provide brownfields assessment and cleanup grants.
Applications are accepted at any time, and project funding is
made on a first-come, first-serve basis. Nevada also operates
a $2,000,000 Revolving Loan Fund targeted for cleanups
conducted by private land owners and developers.
Tax incentives (abatements, credits, etc.): No information
available
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  No
information available

Program Elements

Technical Elements
Methods/standards/controls: Actions under the state
VCP must be in compliance with the state's environmental
professional certification program. Sampling at brownfields
assessments and cleanups must be conducted consistent
with a project-specific Quality Assurance Plan  approved
by EPA Region 9 and must meet Tier III data quality
requirements with independent data verification.
This is achieved by following the Region 9 approved State
of Nevada Brownfields Program Quality Assurance Program
Plan  (QAPP)
(http://ndep.nv.gov/bca/brownfield qa  plan07.htm).
Contaminants covered/excluded:  Asbestos, lead paint,
polychlorinated biphenyls (PCBs) OK; petroleum OK, only
if site does not qualify for reimbursement under the state's
Petroleum Fund.
Use of long-term stewardship and institutional controls
(1C):  Institutional controls are utilized in the NDEP No Further
Action letters.
   •  1C Tracking: Under Development
   •  1C Oversight: Under Development
   •  1C Monitoring: Under Development
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information  regarding contaminated sites in the
state.
http://ndep.nv.ciov/bca/brownfld.htm
138
       State Brownfields and Voluntary Response Programs:

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Nevada
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  No
Costs to enter program or fees:  For VCR depends on type
of property. Residential property fee is $400. Commercial
property: less than 1 acre ($500), 1-25 acres ($1,000), 26-
100 acres ($1,600), more than 100 acres ($2,000).
Funding source for administrative costs and staff:
CERCLA Section  128(a) State and Tribal Response Program
Grant.

Cleanup Activities
Sites currently in VCP:  1 site in the program.
Sites completed  under VCP:  1 site completed.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):  Liability relief provisions for bona fide
prospective purchasers and innocent landowners modeled on
the federal Brownfields Law.

Public Participation
Public participation  requirements (notice, comment
periods, etc.): Prior to the acceptance period of a remedial
agreement between NDEP and the participant, a period of
public comment and public meetings will be held to allow
input from residents and businesses within the community
where the cleanup is being undertaken. These activities
will be coordinated by NDEP at no additional cost to the
participant. Comments from the public will be incorporated as
appropriate into the corrective action plan.
Public participation activities (hearings, meetings, etc.):
No information available

Statutory Authorities
• Nevada Administrative Code 459.973-459.9743.
• Nevada Revised Statutes, Title  40, Chapter 459.
An Update from the States                                                                                   139

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Alaska
 GfenerafOnformation
   Contact: John Carnahan, Brownfields Coordinator

  Address: Contaminated Sites Program
           Alaska Department of Environmental
           Conservation (DEC) Division of Spill
           Prevention and Response
           610 University Avenue
           Fairbanks, AK 99709-3643

    Phone: 907451 2166
       Fax: 907451 2155

     Email: John.Carnahan@alaska.gov

  Web site: http://www.state.ak.us/dec/spar/csp/brownfields.
           htm
Program Description
(VCP, brownfields, or related)
DEC's Contaminated Sites Program (CSP) has developed
resources to assist tribes, villages, cities, borough
governments, and state agencies in identifying and assessing
their brownfield sites. When appropriate, DEC's Reuse and
Redevelopment (R&R) Program assists eligible applicants in
applying for EPA Brownfields assistance and grants. The CSP
provides technical assistance, performs site assessments,
conducts cleanups,  maintains a publicly accessible
contaminated sites database, and tracks on institutional
controls. The program objectives are to enable economic
redevelopment of properties that are underutilized as a
result  of real or perceived environmental conditions, while
providing adequate  oversight and protection to human and
ecological receptors. The program dedicates staff resources
to work with government agencies, tribes, responsible parties,
land owners, EPA, and developers to effectively facilitate
environmental remedies commensurate with site conditions,
leading to the reuse of contaminated properties.
Brownfields definition: Alaska has not adopted a definition
of brownfields, but adheres to the general definition of
brownfields as real property, where the continued use,
expansion, or reuse or redevelopment may be complicated
by the presence or perceived presence of a hazardous
substance, pollutant, or contaminant.
Program titles:
Contaminated Sites Program (sub-programs within the CSP
include):
  a.  State/Private Cleanup Program
      i.  Reuse and Redevelopment Program (Brownfield
        Program)
  b.  Federal Facilities Environmental Restoration Program
  c.  Development  and Implementation  Program
Liability relief provisions: The principal tool for clarifying
liability is the prospective purchaser agreement (PPA). PPAs
have been negotiated for specific sites that meet appropriate
criteria. A PPA is a legal instrument that must be negotiated
through the Attorney General's office.
Financial incentives (grants, loans, tax provisions,
etc.): No grants, loans, or other provisions are available at
this time. The  R&R Program provides limited assessment
or cleanup services to eligible applicants through its DEC
Brownfield Assessment program, which targets conditionally
eligible brownfield sites that may be in public, private, or state
ownership.
Legislative or program site eligibility requirements: The
CSP is used for sites regulated under Alaska Administrative
Code (AAC) 18 AAC 75, Oil and Other  Hazardous
Substances Pollution Control regulations, and 18 AAC 78,
Underground Storage Tanks (USTs) regulations. Both sets
of regulations use slightly different terminology; however, the
term "contaminated site" is a generic term referring to both
regulated UST and non-UST contamination. The program
operates principally under a voluntary basis, with responsible
parties moving forward in accordance with regulation, under
CSP oversight, without legal agreements.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
DEC's R&R Program has a DEC Brownfield Assessment
program which uses state and federal (EPA) funds to conduct
assessments and cleanups at eligible properties in Alaska.
Targeted properties are brownfield sites and state-owned
sites for which there is a local  or community interest in
revitalizing. State funding is limited for use on state-owned
properties or properties where the state has been identified
as a potentially responsible or liable party.
•  Site eligibility—DEC's R&R Program's federal assessment
   funding may only be used in association with properties
   that meet EPA Brownfields funding criteria. DEC will
   not fund cleanups at properties where  the owner is
   responsible for the contamination. DEC has discretion in
   selecting areas to target for environmental assessment
   assistance and prefers to target properties that: are
   abandoned or publicly owned; have  low or moderate
   contamination; suffer from the stigma of liability, or have
   a prospective purchaser willing to buy and pay for the
   cleanup of the property, if needed. The R&R Program has
   developed a site selection process guided by criteria used
   to help establish relative priorities among the properties in
   Alaska. The criteria include the following:
   •  Property redevelopment has the potential to provide a
      high public benefit.
140
       State Brownfields and Voluntary Response Programs:

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Alaska
   •  Property control and ownership transfer is not an
      impediment—preference will be given to sites that
      are publicly owned, either directly by a municipality
      or through a quasi-public entity such as a community
      development corporation.
   •  There is a strong municipal commitment—either
      financially, or through commitment of municipal
      resources for other components of the project.
   •  There is a clear municipal/community vision and
      support for property revitalization.
   •  There are adequate leveraged funds available for the
      cleanup and redevelopment, and/or the property has
      strong development potential (perhaps demonstrated
      by past or present  developer interest).
   •  DEC assessment assistance is crucial to the property's
      redevelopment; lack of an assessment has proven to be
      an obstacle at the property.
   •  Existing information supports the potential for
      redevelopment and redevelopment will provide tangible
      benefits for the community.
If a public or nonprofit entity is aware of a brownfield site that
is privately held but has potential for redevelopment that will
offer significant  public benefit,  DEC will consider allocating
assessment funds for the site.
•  Eligible applicants—Public, quasi-public, or nonprofit
   entities (such as municipalities, tribal governments, and
   community development organizations) interested in
   redeveloping abandoned or underutilized properties.
Additionally, the R&R Program conducts assessments and
cleanups on state-owned sites that have been identified
as having high reuse potential, primarily in rural Alaska
communities. The intent of the program is to target properties
of importance to communities  that may directly impact their
economy. Sites typically include abandoned Territorial-
era school sites, fuel storage locations, airport/business
properties, and  abandoned structures that are often centrally
located in villages. By prioritizing such facilities through the
R&R Program, the state benefits by reducing environmental
liability, but also benefits  by creating economic opportunities
locally by creating more useable land/buildings for
revitalization. Identifying beneficial  reuse is key to successful
R&R projects.
Tax incentives (abatements, credits, etc.): Alaska
municipalities may provide that the tax increment from
taxes levied on property in an  improvement area may be
used to pay principal and interest on bonds issues for the
improvements in that area.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.):  No current
state brownfield programs or authorities currently available.
Program Elements

Technical Elements
Methods/standards/controls: See 18 AAC 75.375.
Institutional controls discussed below.
Contaminants covered/excluded: None except
asbestos and lead paint are excluded at this time;
however, sites must be of a low- to medium-risk nature
to be addressed through brownfields program oversight.
Use of long-term stewardship and institutional
controls (1C): If all cleanup levels are achieved and no
long-term monitoring or other conditions are placed on
closure, DEC will identify a site as "cleanup  complete
without ICs" whereby any legal proceedings are closed.
DEC recovers the cost of its oversight or damages from
the responsible parties. The landowner gets official
notice that the land can once again be used without
restriction.
Complete cleanup is not always possible.  In some
cases, DEC may determine that active cleanup
efforts at a site are no longer necessary, as  long as
institutional controls, such as land use and activity
controls that are protective of human health  and the
environment are in  place. The responsible person will
be required to maintain such controls, which are set
as conditions for closure determination of "cleanup
complete with ICs."
The department will, after consultation with  each
landowner of  the site, determine whether  the use of
an institutional control is necessary, on a site-specific
basis, if the department determines that controls are
required to ensure:
•  Compliance with an applicable cleanup level.
•  Protection of human health, safety, or welfare, or the
   environment.
•  Integrity of site cleanup activities or improvements.
Institutional controls may include:  1) installation and
maintenance  of physical measures, such  as fences
and signs, to  limit an activity that might interfere with
cleanup or result in exposure to a hazardous substance
at the site; 2)  implementation and maintenance of
engineering measures, such as liners and caps, to
limit exposure to a hazardous substance;  3) restrictive
covenants, easements, notices of environmental
contamination placed on an official property record,
or other measures that would be examined during
a routine title  search, and that limit site use or site
conditions over time or provide notice of any residual
contamination; and 4) a zoning restriction  or land use
plan by a local government with land use  authority.
An Update from the States
                                                    141

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Alaska
The use of land use and activity controls must, to the
maximum extent practicable, be:  1) appurtenant to and run
with the land so that the control is binding on each future
owner of the site; and 2) maintained by each responsible
person or owner of the site.
If the department determines any of the following are
necessary to protect human health, safety, or welfare,  or the
environment, the department will require that institutional
controls be designed to accomplish one or more of the
following: 1) prohibit activities on  the site that might interfere
with the site cleanup, operation and maintenance, monitoring,
or other response  actions; 2) prohibit activities that might
result in the release of a hazardous substance that was
contained as a part of the site cleanup activities; 3) require
written  notice to the department of any proposal to use the
site in a manner that is inconsistent with  a restrictive covenant
or other required measures; and  4) grant the department
and its  designated representatives the right to enter the
property at reasonable times to evaluate compliance with
the institutional control, including the right to take samples,
inspect any cleanup actions ongoing at the site, and inspect
records relating to the operation and maintenance of the
institutional control.
If the department determines that financial assurance  is
necessary to ensure protection of human health, safety, or
welfare, or of the environment, the department will require a
responsible person to provide financial assurance sufficient
to cover costs of operation and maintenance, including
compliance monitoring and corrective measures, for any
institutional control.
If the concentrations of all residual hazardous substances
remaining at the site are subsequently determined to be
below the applicable cleanup levels, the department will
approve, at the owner's request,  elimination  of the institutional
control.
  •  1C Tracking: The ability to  both manage and track long-
     term oversight for contamination that poses limited risk
     to human health and the environment  is an objective
     for the program. An institutional controls database and
     compliance tracking tools to accomplish this are under
     development at this time.
  •  1C Oversight and Monitoring: DEC's 1C tracker was
     developed to help with oversight and monitoring  of sites
     for which institutional controls have been established.
     DEC currently is tracking institutional controls on 1,464
     sites, approximately 300 of which are active sites where
     the controls  have been established to  protect human
     health and the environment during ongoing cleanup
     actions.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in  the
state.
http://www.dec.state.ak.us/spar/csp/search/
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: There are
no fees to enter program; however, the CSP is mandated to
conduct cost recovery from responsible parties for oversight
costs and any associated contracting services for site-specific
activities.
Funding source for administrative costs and staff:
Contaminated Sites Program - State of Alaska Response
Fund; Federal Facilities  - Contracting agreement with
Department of Defense; R&R Program: CERCLA  128(a)
State and Tribal Response Program Grant.

Cleanup Activities
Sites currently in VCP: DEC developed the SCR as
described above, in lieu of the VCP. Currently 156 sites are
assigned to SCP status.
Sites completed under VCP:  99 closures have been
recorded through the  SCP.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.):  Incentives to responsible parties are under
evaluation.
General Contaminated Sites Status: DEC's contaminated
sites databases currently list 2,595 open or active sites, 2,738
closed sites,  and 1,154 conditionally closed sites.  Of these
closed or conditionally closed sites, 303 were closed  during
calendar year 2007.

Public Participation
Public participation  requirements (notice, comment
periods, etc.): Site cleanup rules: purpose, applicability, and
general provisions.
The department will seek public participation regarding
activities conducted under the site cleanup rules, using
methods that the department determines to be appropriate for
seeking  public participation.
Public participation  activities (hearings, meetings,
etc.): DEC uses public meetings, notifications, Web postings,
and other media as determined appropriate for the issue of
concern and target audience.

Statutory Authorities
•  18 AAC 75, Oil and Other Hazardous Substances Pollution
   Control
•  18 AAC 78, Underground Storage Tanks
•  AS 46.08, Title 46: Water, Air, Energy and Environmental
   Conservation
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Idaho
 GfenerafOnformafion
   Contact: Aaron Scheff
           Brownfields Response Program Manager
           Bruce Wicherski, PG
           VCP Program Manager

  Address: Department of Environmental Quality (DEQ)
           Waste Management and Remediation Division
           141 ON. Hilton
           Boise, ID 83706

    Phone: Aaron Scheff, 208 373 0420
           Bruce Wicherski, 208 373 0426
       Fax: 2083730154

     Email: aaron.scheff@deq.idaho.gov
           bruce.wicherski@deq.idaho.gov

  Web site: http://www.deq.state.id.us/Applications/
           Brownfields/
Program Description
(VCP, brownfields, or related)
Idaho's Land Remediation Act, or Voluntary Cleanup Program
(VCP), is found in Idaho Code 39-7201 et seq., and DEQ's
rules implementing the Act are located at IDAPA58.01.18.
The VCP allows for the remediation of hazardous substances
and petroleum contaminated sites absent an enforcement
action. Under the Program, DEQ and the participant enter
into a Voluntary Remediation Agreement under which DEQ
and the public review and comment on the proposed Cleanup
Work Plan. Once approved by DEQ, the participant conducts
the cleanup and DEQ reviews the results. If the cleanup is
successful, DEQ issues a No Further Action letter, DEQ and
the participant negotiate a Covenant Not to Sue (CTNS),
lender liability protections are provided, and the site owner is
afforded a tax exemption related to the increase in property
value due to the cleanup.
In 2004, DEQ established its Brownfields Revitalization
and Environmental Site Response Program. This Program
facilitates the reuse of brownfield sites and works to develop
Web tools, authorities, and guidance aimed at improving the
efficiency of all DEQ remediation programs. DEQ is also a
member of a seven-member coalition called the Reuse Idaho
Brownfield Coalition (RISC). RISC is composed of DEQ and
Idaho's six economic development districts, and manages a
$3,000,000 EPA brownfield cleanup revolving loan fund.
In 2006, Idaho passed into law the Community Reinvestment
Pilot Initiative that provides $1.5  million in funds for voluntary
cleanups. The Community Reinvestment Pilot Initiative
amended Idaho's existing VCP statute (the Land Remediation
Act) by creating a new financial incentive to draw
private parties into the program. All participation is
voluntary and all $1.5 million is spent directly on
cleanup. Ten privately-owned sites will be selected to
participate in the Pilot program, ranked based upon
rural location, abandoned/ blighted status (negative
community impact), clear/strong reuse plans and
elimination of public health risks. The private party
funds and conducts the cleanup with DEQ oversight
via the VCP. When cleanup is complete, DEQ reviews
technical data to ensure cleanup goals are met and
DEQ reviews the records of expenses the party
incurred conducting the cleanup. DEQ reviews both
and certifies both if acceptable/ reasonable. DEQ then
reimburses the private party 70% of their 'certified
cleanup costs,' up to $150,000 per site.
Brownfields definition: Real properties, the
expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
Program titles:
• Voluntary Cleanup Program (Land Remediation Act)
• Brownfields Revitalization and Environmental Site
  Response Program (Brownfields Revitalization
  Program)
• Risk Evaluation Program (Risk-Based Cleanups)
• Community Reinvestment Pilot Initiative - amended
  Idaho's existing VCP statute (the Land Remediation
  Act)
• Reuse Idaho Brownfield Coalition (RISC) brownfield
  cleanup revolving  loan fund (BCRLF)
Liability relief provisions:  Certificate of Completion
(COG) and CNTS are available under Idaho's VCP.
After receiving a COG, a party can receive a CNTS for
any claim for environmental remediation under state  law
resulting from or based upon the release or threatened
release of a hazardous substance or petroleum that
is the subject of the approved voluntary remediation
work plan. The CNTS extends to any current or future
owner or operator of the site or portion there of who  did
not cause, aggravate, or contribute to the release or
threatened release.
During the implementation of an approved voluntary
remediation work plan, the department will not bring
an action, including an administrative or judicial action
for any liability for remediation  relating to the release
or threatened release of a hazardous substance or
petroleum that is the  subject of the work plan, against
a person who entered into a voluntary remediation
agreement and who is implementing the work plan.
Idaho law also provides lender liability protection.
Brownfields Assessments—DEQ's Brownfields
Revitalization Program funds and conducts
An Update from the States
                                                   143

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Idaho
assessments at brownfield sites. Local governments can
apply to have a site assessed under this program. Details on
this program are on DEQ's Web site.
Voluntary Cleanup Program Tax Incentives—Sites are eligible
for a property tax exemption (not to exceed seven years) that
amounts to 50% of the remediated land value. The exemption
may be granted only if the CTNS is in full force and effect for
the entire period of exemption, and the site remains in the
possession of the owner for the entire exemption period.
Financial incentives (grants, loans, tax provisions,
etc.): The Community  Reinvestment Pilot Initiative - DEQ
reimburses a private party 70% of their 'certified cleanup
costs,' up to $150,000 per site. RISC RLF loans and sub-
grants. Tax incentives for participation in  the VCR See
Financial Elements for  more details.
Legislative or program site eligibility requirements:
The VCP lists three reasons DEQ can reject a request to
participate in the Program:
•  Remediation is required under Idaho's Environmental
   Protection and Health  Act,  Idaho's Solid Waste Facilities
   Act,  or Idaho's Hazardous Waste Management Act,
   or rules promulgated there under, or other applicable
   statutory or common law.
•  The condition of the hazardous  substance or petroleum
   described in the application constitutes an imminent and
   substantial threat to human health or  the environment.
•  The application to participate is not complete.
For the Brownfields Assessment Program, units of local
governments, local redevelopment agencies, nonprofit
organizations and other government entities created by the
state legislature are eligible to participate in the program
by submitting a completed questionnaire to DEQ. DEQ
gives preference to sites where community-supported
redevelopment plans are  in place and where little or no site
environmental information is available. The applicant must not
have caused or contributed to any  contamination at the site.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields  programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry  cleaners,
abandoned drug labs, etc.):
•  The Community Reinvestment Pilot Initiative - DEQ
   reimburses a private party 70% of their 'certified cleanup
   costs,' up to $150,000  per site. With this structure, the
   Pilot's benefit caps at a $215,000 cleanup as follows: DEQ
   reimburses 70% (up to $150,000) and the private party is
   responsible for the remaining 30% ($65,000).
•  RISC RLF low interest loans and sub-grants for financing
   cleanup of Idaho brownfields.
•  As discussed previously, local governments can ask
   that DEQ fund and conduct assessments at brownfield
   sites. DEQ's Underground Storage Tank (UST)/Leaking
   Underground Storage Tank (LUST) program also conducts
   assessments at certain LUST sites.
Tax incentives (abatements, credits, etc.): Federal
incentive program and VCP tax incentive described
previously.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): Idaho's
Petroleum Storage Tank Fund provides UST site owners with
environmental insurance of $1,000,000 per tank for $100 per
year, with a $10,000 deductible.

Program Elements

Technical Elements
Methods/standards/controls:  Participants in DEQ
remediation programs, including the VCP, choose between
cleaning to established state standards or cleaning to site-
specific standards developed using DEQ's Risk Evaluation
Manual and Software, or another DEQ-approved risk
evaluation methodology.
Contaminants covered/excluded: DEQ's Risk Evaluation
Manual and Software  includes the  185 contaminants most
frequently encountered in Idaho, with the ability to add
additional contaminants  on  a site-specific basis.
Use of long-term stewardship  and institutional controls
(1C):  Both the VCP and  DEQ's Risk Evaluation Manual
authorize the use of institutional  controls (e.g., deed
restrictions) when conducting and determining appropriate
cleanup levels and conducting site cleanups. DEQ developed
a model deed restriction for use  under both of these
programs, located in Appendix B of the Risk Evaluation
Manual.
In addition, Idaho legislature passed the Uniform
Environmental Covenants Act (UECA) in 2006.
   •   1C Tracking: Idaho tracks  1C through deed restrictions.
   •   1C Oversight and Monitoring: Idaho provides
      oversight to participants in the VCP when they are
      conducting and  determining appropriate cleanup levels
      and cleanups.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites,  maps sites,
and/or tracks institutional controls. This link also provides
additional information  regarding  contaminated sites in  the
state.
http://www,deq,idaho,gov/Applications/WDI/?CFID=1646846&
CFTOKEN=91450357
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       State Brownfields and Voluntary Response Programs:

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Idaho
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service:  Participants
must pay to DEQ two fees under the VCP: 1) a $500
application fee; and 2) a $2,500 fee for DEQ review of the
remediation work plan and site activities conducted there
under.
Funding source for administrative costs and staff:  Other
than EPA funding sources, none.

Cleanup Activities
Sites currently in VCP: 21  sites are currently participating in
the VCP.
Sites completed under VCP: To date, 3 sites have been
completed under the VCP.
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Covenant Not to Sue; lender liability
protections; and tax exemption (See previous section).

Public Participation
Public participation requirements (notice, comment
periods, etc.):  Before DEQ approves  a proposed voluntary
remediation work plan under this section, DEQ must:
•  Notify local government units located in a county affected
   by the proposed voluntary remediation work plan.
•  Provide that a copy of the proposed voluntary remediation
   work plan and a copy of the voluntary remediation
   agreement be placed in at least one public library in a
   county affected by the work plan.
•  Notify by reasonable public notice potentially affected
   persons to request comments concerning the proposed
   voluntary remediation work plan.
•  Provide a comment period of at least 30 days following
   publication of a notice under this section. During the
   comment period, interested potentially affected persons
   may do the following:
   •  Submit written comments to the department concerning
     the proposed voluntary remediation work plan; or
   •  Request a public hearing  concerning the proposed
     voluntary remediation  work plan.
Public participation activities (hearing, meetings, etc.):
If DEQ receives a significant number of written requests
from potentially affected persons, the department may hold
a public hearing in the geographical area affected  by the
proposed voluntary  remediation work plan on the question of
whether to modify, approve or reject the work plan. All written
comments and public testimony shall be considered by the
department.
Statutory Authorities
•  Idaho Land Remediation Act, Title 39 (§§39-7201 to
   39-7210), Chapter 72, Idaho Code.
• Idaho Department of Environmental Quality, IDAPA
   58.01.18, Idaho Land Remediation Rules.
•  The Community Reinvestment Pilot Initiative (Idaho
   Code § 39-7211) - HB 728, a $1.5 million fund for
   voluntary cleanups.
•  Idaho Uniform Environmental Covenants Act
   (UECA) - Idaho Code, Title 55, Chapter 30 (Idaho
   Code, §§55-3001 etseq.).
An Update from the States
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Oregon
 (jenemfOnformation
  Contact: Gil Wistar, Brownfields Coordinator
           Oregon Department of Environmental Quality
           (ODEQ)

  Address: 811 SW 6th Avenue
           Portland,  OR 97204

    Phone: 5032295512

       Fax: 503 229 6954

     Email: wistar.gil@deq.state.or.us

  Contact: Karen Homolac, Brownfields Program and
           Policy Coordinator, Oregon Business
           Development Department (OBDD)

  Address: 775 Summer St. NE, Suite 200
           Salem, Oregon 97301

    Phone: 5039860191

       Fax: 503581 5115

     Email: Karen.Homolac@state.or.us

  Web site: http://www.deq.state.or.us/lq/cu/brownfields/
           index.htm

           http://www.deq.state.or.us/lq/cu/voluntarycu.htm

           h ttp://www. deq. sta te. or. us/lq/cu/cupa th way/
           independent.htm
Program Description
(VCP, brownfields, or related)
The Voluntary Cleanup Program (VCP) has two pathways: the
Voluntary Cleanup Pathway and the Independent Cleanup
Pathway. The Voluntary Cleanup Pathway provides ongoing
project support from an Oregon Department of Environmental
Quality (ODEQ) project manager for No Further Action (NFA)
determinations, preliminary assessment review, soil cleanup
standards, report/document review, operable unit approach
where a section of the site may be redeveloped while cleanup
is still occurring on other sections, technical assistance
and regulatory guidance, negotiated scope of work, budget
estimates for ODEQ oversight costs, Prospective Purchaser
Agreements (PPA), and public participation. The Independent
Cleanup Pathway, in which an ODEQ project manager
reviews site activities after they  are completed and a report is
prepared, is an alternative to the Voluntary Cleanup Pathway
for sites ranked low or medium priority for further investigation
or cleanup. The Site Response Program addresses sites
of medium or high  environmental priority that may require
enforcement actions. Brownfield sites can be addressed
through any of the  cleanup program components.
Brownfields definition: Oregon uses the following working
definition: brownfields are vacant or underused properties
where expansion or redevelopment is complicated by actual
or perceived contamination.
Program titles:
• Voluntary Cleanup Program (The Independent Cleanup
  Pathway or the Voluntary Cleanup Pathway)
• Prospective Purchaser Agreements (PPAs)
• Dry Cleaner Program
• Underground Storage Tank (LIST) Cleanup Program
Liability relief provisions:  ODEQ's VCP issues NFAs for
sites demonstrated not to present unacceptable risk to human
health or the environment. (Unacceptable risk is defined in
statute—see Oregon Revised Statutes [ORS] §465.315.)
A PPA is a legally binding agreement between ODEQ and a
prospective purchaser, which limits the purchaser's liability
to ODEQ for environmental cleanup of the property in return
for a commitment by the purchaser to undertake and/or fund
site  activities that provide a "substantial public benefit." The
PPA is authorized through state statute and administrative
rule to provide liability protection. It does not provide  liability
protection from the federal government or from any activities
which may result in additional contamination after the
property is purchased. A PPA must be negotiated with ODEQ
prior to the purchase of the property.
Oregon also has a Dry Cleaner Program. In exchange for
liability relief from cleanup costs, dry cleaners pay fees that
go into a fund used to clean up solvent contamination at dry
cleaner sites. The law protects dry cleaners,  under specified
circumstances, from individually having to pay for cleanup of
releases caused by the use of dry cleaning solvents at their
establishments.
Financial incentives (grants, loans, tax provisions,
etc.): OBDD offers  a variety of financial tools for cleanup and
redevelopment activities at known or suspected contaminated
sites, including those with petroleum releases. (See the list
below under the "Financial  Elements" heading for details.)
Funded through a grant with  EPA, Site-Specific Assessments
(SSA) may be conducted by ODEQ at publicly controlled
brownfields where hazardous substance contamination,
including petroleum, is suspected or known. Should an
SSA reveal  contamination above ODEQ's acceptable risk
standards, ODEQ in some cases may use funds from the EPA
grant to conduct limited removal activities.
Legislative or program site eligibility requirements:
For  PPAs, the site must be contaminated with hazardous
substances, including petroleum, and well enough
characterized for ODEQ to know that remedial activities  are
necessary to protect human health and the environment. The
contamination must not have been  caused nor aggravated by
the prospective purchaser and ODEQ must determine that
a "substantial public benefit" will result from issuing the PPA.
More generally, in order to be eligible for ODEQ brownfield
146
       State Brownfields and Voluntary Response Programs:

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Oregon
consideration, site owners and operators must be willing
partners in, and in some cases contribute resources to, site
investigation, remediation, and redevelopment activities.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•  EPA capitalized the  Oregon Coalition Brownfields Cleanup
   Fund with $2,0400,000 (2004); the fund is available
   to provide grants and low-interest loans to eligible
   communities or the private sector for cleanup/non-time-
   critical removals per the Comprehensive Environmental
   Response Compensation and Liability Act (CERCLA)
   §104(k). ODBB serves as lead agency and fund manager
   on  behalf of a coalition of partners. ODEQ, through an
   intergovernmental agreement, serves as site manager for
   the program.
•  Oregon Industrial Lands Site  Assessment Initiative, funded
   through an EPA Site Assessment grant in 2005 ($200,000
   for hazardous substances), is managed by ODBB.
•  State-funded Brownfields Redevelopment Fund managed
   by ODBB provides a direct loan and/or grant program
   that is available for any site where action is necessary to:
   1) determine if a release has  occurred; 2) determine if a
   release poses a significant threat to  human health or the
   environment; or 3) remove contamination from the site.
   Sites with petroleum releases are eligible.
•  State Special Public Works Fund, managed by ODBB,
   provides technical assistance grants and loans to
   municipalities for site assessments and cleanup on
   publicly-owned and  privately owned  industrial brownfield
   properties seeking certification through the state's
   Industrial Lands Program (see above). Loans for cleanup
   are also available for publicly  owned industrial  brownfield
   sites.
•  Oregon Community  Development Block Grants (CDBG),
   through ODBB, can  be  used to demolish abandoned,
   vacant, and  deteriorated buildings, decommission
   underground storage tanks, clean debris, and perform site
   assessments and cleanups.
•  The Oregon Capital  Access Program, managed through
   ODBB, offers loan portfolio insurance for environmental
   actions and  brownfield redevelopment projects.
•  The Oregon Dry Cleaner Fund is administered by ODEQ
   and pays for assessment and cleanup at qualifying
   dry cleaner sites. To manage  limited funding, sites are
   prioritized based on  human health and environmental
   threat.
•  The Drug Lab Asset Forfeiture Fund (or when the fund
   is depleted,  cost reimbursement agreements with law
   enforcement agencies) is used for drug lab cleanup.
Tax incentives (abatements, credits, etc.): Federal
Brownfields Tax Incentive (reauthorized by Congress to
extend through 2009).
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): Under
an EPA grant, the Center for Creative Land Recycling
(CCLR) in San Francisco is providing technical
assistance to communities in Oregon and other western
states that are tackling brownfields redevelopment
projects.  Formed in 1997, the CCLR is a nonprofit
agency offering pro-bono technical assistance to
support land recycling and brownfield redevelopment.
Its goal is to "repair fractured communities and
discourage  urban sprawl through creative private, public
and nonprofit partnerships," according to CCLR. Its
clients include municipalities, redevelopment agencies,
nonprofit organizations, community groups, community
development corporations, and affordable housing
developers.

Program Elements

Technical Elements
Methods/standards/controls: Applicant has a choice
of approach (i.e., removal or institutional controls), to
protect public health and the environment. The same
standard of site-specific  acceptable risk, which includes
protection of ecological receptors, must always be met.
Contaminants covered/excluded: Petroleum products
(including methane), hazardous waste, lead paint,
polychlorinated biphenyls (PCBs), and CERCLA
contaminants can be addressed through the VCP.
Use of long-term stewardship and institutional
controls (1C): In Oregon, institutional or engineering
controls are used when risks of exposure to hazardous
substances can be effectively blocked by having
legal or administrative measures in place. Typically,
institutional controls will  be an element in the Record
of Decision  (ROD) and the Consent Order or other
decision document. Most institutional controls will
be recorded in county property records. Institutional
controls will often complement some other aspect of
the remedial action. For  example, one may have an
institutional control that complements an engineering
control; the  paper institutional control will prohibit
disturbance (or require maintenance) of the physical
engineered cap. Institutional controls may prohibit or
restrict some actions, or they may require affirmative
action.
   •   1C Tracking: Properties with institutional controls
      remain on ODEQ's public Environmental Cleanup
      Site Information (ECSI) database, Confirmed
      Release List, and  Inventory - as long as the
      institutional control remains in effect.
An Update from the States
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Oregon
   •  1C Oversight and Monitoring: Monitoring and
     periodic review will be part of the institutional control
     to ensure that it is working. The extent and frequency
     of monitoring and periodic reports will vary with the
     project. There may be a certain amount of random
     monitoring of the institutional control (e.g., due
     diligence inquiries prior to property transfers), but
     periodic review by ODEQ should be a part of the
     institutional control and the selected remedy.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites, maps sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites in the
state.
h ttp://www. deq.sta te. or. us/lq/cu/con trote, h tm
h ttp://www. deq.sta te. or. us/lq/ECSI/ecsiquery. asp ?lis
ttype=lis&listtitle=Environmental+Cleanup+Site%20
In forma tion+Da tabase

Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: PPA
application requires $2,500 deposit to  ODEQ to begin formal
negotiation of the agreement. No deposit for VCP required
with Intent to Participate Form,  but $5,000 deposit when
project manager is assigned. $1,500 deposit required under
Independent Cleanup Pathway  (ICP) after applicant receives
cost recovery agreement (VCP  deposits can be waived for
public-sector participants). Once projects become active,
ODEQ  charges VCP and ICP participants on  an hourly basis
for project oversight.
Funding source for administrative costs and staff: The
VCP and other components of the Environmental Cleanup
Program are funded by direct cost recovery from project
participants,  by hazardous waste disposal fees, and through
federal grants.

Cleanup Activities
Sites currently in VCP: 1,325  sites have entered the VCP
since its inception in 1991 (data as of July 2009).
Sites completed under VCP:  751 No Further Action letters
(data as of July 2009).
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): An NFA determination from ODEQ
provides assurance to current and prospective owners,
operators, lenders, and developers that environmental
issues  have been addressed in accordance with the Oregon
environmental cleanup law (ORS §465.200).
Public Participation
Public participation requirements (notice, comment
periods, etc.): Public notice and a 30-day public comment
period are required by statute.
Public participation activities (hearing, meetings, etc.):
A public meeting is required by statute if requested by 10 or
more people or a group having 10 or more members.

Statutory Authorities
•  Oregon Environmental Cleanup Laws (ORS §465.200).
•  Hazardous Substance Remedial Action Rules (OAR
   340-122-0010).
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       State Brownfields and Voluntary Response Programs:

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Washington
 GfenerafOnformation
  Contacts: Nnamdi Madakor, P.G., RHG, VCP Statewide
           Coordinator

  Address: Department of Ecology (Ecology)
           Voluntary Cleanup Program (VCP)
           P.O. Box 47600
           Olympia, WA 98504-7600

    Phone: 360 407 7244

       Fax: 360 407 7154

  Contacts: Dan Koroma, Brownfields Coordinator

  Address: Department of Community,
           Trade and Economic Development (CTED)
           Brownfields Redevelopment Loan Fund
           P.O. Box 42525
           Olympia, WA 98504

    Phone: 360 725 4062

  Website: http:// www.cted. wa.gov (CTED)

  Contacts: John Means, Brownfields Program Plannner
           and Grant Manager

  Address: Department of Ecology (Ecology)
           Voluntary Cleanup Program (VCP)
           P.O. Box 47600
           Olympia, WA 98504-7600

    Phone: 360 407 7244

       Fax: 360 407 7154

  Website: http://www.ecy.wa.gov/programs/tcp/cleanup
           .html (VCP)

           http://www. ecy. wa. gov/programs/tcp/
           brownfields/brownfields hp.html
           (Ecology's Brownfields)

           https://fotress.wa.gov/ecy/tcpwebreporting
           (Contaminated Sites Web Portal)
Program Description
(VCP, brownfield, or related)
The development of Washington's brownfields program
began with the adoption of the Model Toxics Control Act
(MTCA), a citizen-mandated law originally enacted through
a voter's initiative that governs cleanup of hazardous waste
sites in Washington. Cleanup standards under MTCA include
appropriate cleanup levels for industrial sites. The brownfields
program itself is not defined by statute  or rule, however,
Washington State has a cooperative approach to brownfields
cleanup and redevelopment. In addition to assistance, parties
conducting cleanups can seek private consultants,
the state provides technical assistance, grants, and a
revolving loan program.
Formal oversight, technical services, assessment,
remedial action grants/loans, and a revolving loan
program are available statewide through several
channels:
•  Washington State's Department of Ecology's
   (Ecology) Toxics Cleanup Program (TCP) provides
   oversight on cleanups through Agreed Orders and
   Consent Decrees, usually for high priority sites.
   Prospective purchasers of contaminated property
   may seek a Prospective Purchaser Agreement with
   Ecology under MTCA, which limits the liability of the
   purchaser for cleanup costs.
•  Ecology's Voluntary Cleanup Program (VCP) is the
   primary program for most contaminated brownfield
   properties. Through the VCP, an individual may
   independently remediate contaminated land and
   obtain technical advice and assistance from Ecology.
   For a fee, Ecology can review independent cleanup
   plans and reports and provide written opinions on
   the adequacy of the remedial actions proposed or
   taken and described in the plan or report.
•  Department of Community, Trade and Economic
   Development (CTED) manages a revolving loan
   fund and provides technical assistance to parties
   interested in redeveloping brownfield properties.
   Effective July 26, 2009, this agency is known as
   the Washington State Department of Commerce.
   Technical assistance in submitting applications for a
   revolving loan or coordinating site assessments and
   redevelopment is done in partnership with Ecology,
   King County/City of Seattle, City of Tacoma, and
   City of Spokane. Ecology provides site manager
   technical support to CTED for properties being
   cleaned up through the Brownfields Revolving Loan
   Program.  In addition, Ecology provides remedial
   action grants and loans to help local governments
   investigate or expedite cleanup of contaminated
   sites.
Brownfield definition: Brownfields are real property,
the expansion, redevelopment, or reuse of which
may be complicated by the presence of a hazardous
substance, pollutant, or contaminant. Note: for
Ecology's purposes, this is a working definition only.
Ecology's approach as to what constitutes a brownfield
site in the context of Washington State's cleanup laws
and policies is still in progress.
Program titles:
•  Toxics Cleanup Program (TCP)
•  Voluntary Cleanup Program (VCP)
•  WA Coalition Brownfields Cleanup Revolving Loan
   Fund(RLF)
An Update from the States
                                                  149

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Washington
Tools for Use in Brownfields Development: The rules and
regulations of MTCA provide several different ways in which
parties involved in brownfields development can clean up
contaminated sites. The following are examples of some of
the MTCA tools which are available as part of Washington's
brownfields program:
•  Voluntary Cleanup Program - Persons who  conduct
   independent remedial  actions to investigate and  cleanup
   contamination at a property that has been contaminated
   by a hazardous substance may request informal site-
   specific technical consultations from Ecology under
   the VCR They may request technical consultation
   (including assistance in identifying applicable regulatory
   requirements) and written opinions on the sufficiency of
   their cleanup under the law.
•  Prospective Purchaser Agreements - The state may enter
   into a settlement with a person who proposes to purchase,
   redevelop or reuse a contaminated property. Some of the
   main criteria for these  agreements are: the agreement will
   yield substantial new resources to facilitate cleanup; the
   agreement will expedite remedial action consistent with
   MTCA; redevelopment or reuse of the property is  unlikely
   to contribute to the existing contamination, to interfere
   with remedial actions that may be needed at the site, or
   to increase health risks to persons at or in the vicinity
   of the site. The primary purpose of this agreement is to
   promote the cleanup and reuse of vacant or abandoned
   commercial  or industrial commercial property. The Attorney
   General and Ecology may give priority to settlements that
   will provide a substantial public benefit.
•  Covenants Not to Sue - Under state law, and subject to
   certain conditions and limitations, when ownership or
   operation of property is transferred, any Covenant Not To
   Sue and contribution protection given to the prior  owner
   apply equally to successor owners and operators.
•  Lender Liability Exemption - State law grants lenders
   an exemption from liability, subject to certain conditions
   and limitations, while they hold an ownership interest in a
   facility, primarily to protect a security interest.
•  Contaminated Aquifer Exemption - State  law provides
   an exemption from liability, subject to certain conditions
   and limitations, for owners of property where a hazardous
   substance has come to be located on the property
   solely as a result of migration of ground water from a
   source located off the  property. Some examples of the
   conditions attached to this exemption are: the owner must
   demonstrate he/she did not contribute to the release of the
   hazardous substance, and the owner cannot interfere in
   the operation of remedial actions on the property.
Financial incentives (grants, loans, tax provisions,
etc.): Some grants are available for public/private
partnerships (e.g., remedial action grants). EPA-capitalized
Brownfield Cleanup RLF  available through CTED. Cleanup
loan funds available through CTED are for private or
public entities that are not potentially liable parties for
hazardous waste sites, petroleum contaminated sites,
or methamphetamine contaminated sites. Limited site
assessments are also available for sites with strong
redevelopment potential. These sites must be selected by
CTED and Ecology. Brownfield properties in rural areas may
be eligible for other redevelopment assistance or revolving
loan funds through other loan portfolio programs. Financial
assistance includes:
•  Brownfields Cleanup RLF - Up to $1,000,000 for eligible
   sites (funded by EPA).
•  Brownfields Project Assistance - For state and local
   governments to assist economic development projects
   (funded by US Department of Commerce, Economic
   Development Administration).
•  Remedial Action Grants for local governments - Allocated
   for site cleanup.
•  Integrated Planning Grants - For local governments to
   conduct investigative or other remedial work in preparation
   and planning for purchase and reuse of contaminated
   property
•  Coastal Revolving Loan Fund and Coastal Technical
   Assistance Loan Fund - Available in coastal counties
   focus on job creation. $150,000 and $50,000 maximums
   respectively (funded by CTED).
And, incentives:
•  Brownfields Federal Tax Incentive - Qualified taxpayers
   can deduct the cost of environmental remedial action in
   the year in which the cost is either paid or incurred. Site
   must be used for trade/business.

Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners, meth
labs, etc.): Interested persons may be eligible for grants
or loans through several programs offered by Washington
State. The Remedial Action Grant Program, the Brownfields
Redevelopment Loan Fund, or the Brownfields Revolving
Loan Fund are some of the options available. Remedial
Action Grants Program helps local governments with the
costs of cleaning up hazardous waste sites. RLF helps
qualifying borrowers pay for cleanup of brownfields. RLF
funds may be used at sites that are: 1) publicly-owned, 2)
owned by a nonprofit, and 3) privately owned by current
or prospective owners provided they did not cause
contamination. Eligible site activities for RLF funds include
prevention, abatement, or removal of hazardous substances.
Tax incentives (abatements, credits, etc.):
•  Tax abatements
•  Business and Occupation (B&O) tax credit for research
   and development of environmental technologies
•  Federal Brownfields Tax Incentive
•  Tax credits (certain business expansions)
150
       State Brownfields and Voluntary Response Programs:

-------
Washington
Other forms of support: If a person is interested in the VCR
Ecology generally provides a free consultation to discuss the
available options. The free consultation is usually limited to
one hour and Ecology will not provide site-specific technical
assistance during this time.  Technical assistance is  available
for EPA Brownfields Assessment grants and State Integrated
Planning Grants for brownfield redevelopment projects.

Program Elements

Technical Elements:
Methods/standards/controls: Applicant has a choice of
cleanup standards, including risk-based standards, although
they are not based on Risk-Based Corrective Action (RBCA).
Contaminants covered/excluded: Does not restrict on
basis of contaminants.
Use of long-term stewardship and institutional controls
(1C): Institutional controls are necessary as part of the
cleanup if:
•  Hazardous substances remain at the site at concentrations
   that exceed cleanup levels.
•  Conditional points of compliance are established  to
   measure compliance with cleanup levels.
•  Cleanup levels are established based on land or  resource
   uses that are not the uses that require the most protective
   cleanup levels (e.g., industrial land use).
•  The department determines such controls are  necessary
   to protect human health and the environment or the
   integrity of the cleanup.
Washington has sustainable land use planning requirements
defined through the Growth Management Act (GMA) such as
urban growth boundaries.
   •  1C Tracking: Institutional controls are tracked  in
     the Integrated Site Information System (ISIS) Web
     reporting database.
   •  1C Oversight: When institutional controls are
     necessary,  environmental covenants are usually used
     to impose those controls on a parcel of real property.
   •  1C Monitoring: Confirmation monitoring and five
     year reviews are also used and may provide a basis
     for reopeners in a Consent Decree or a basis for
     rescinding a VCP No Further Action (NFA) opinion for a
     site.
The following Web address is a direct link to the state's public
database that maintains an inventory of sites,  maps  sites,
and/or tracks institutional controls. This link also provides
additional information regarding contaminated sites  in  the
state.
http://www.ecy.wa.gov/programs/tcp/sites/SiteLists.htm
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA:  No
Costs to enter program or fees for service: For VCP,
monthly billing of charges incurred by Ecology during
the previous month. Based on hourly rates of staff used
to provide services..
Funding source for administrative costs and staff:
Limited funding through CERCLA 128(a) State and
Tribal Response Program Gant.

Cleanup Activities
Sites currently in VCP: 4,504 have entered the
program.
Sites completed under VCP: 1,495 cleanups in
progress; 1,714 NFA determinations.
Benefits (incentives to participate in the VCP,
covenants not to sue, etc.): See Financial  Incentives
and Liability Relief Provisions.

Public Participation
Public participation requirements (notice, comment
periods, etc.):  Public participation is necessary at any
site that is being formally overseen by Ecology under
an Order or Consent Decree. Public participation is
not a requirement for independent cleanups, including
those conducted under the VCP. However, even for
sites that were cleaned up independently, public
participation is necessary before a site can be de-listed
from Ecology's  Hazardous Sites List. If cleanup occurs
through  a brownfields loan, a 30-day public comment
period is required on the Analysis of Brownfields
Cleanup Alternatives.
Public participation activities (hearing, meetings,
etc.): Public hearings or meetings are held  along
with  MTCA public comment periods when ten or more
persons request it. Public meetings/hearings can also
be held as a result of other aspects of a development
or land use proposal in accordance with the laws
applicable to a particular project.

Statutory Authorities
•  Model Toxics Control Act, Chapter 70.105D RCW
•  Model Toxics Control Act Regulations, Chapter 173-
   340 WAC
•  Remedial Action Grants, Chapter 173-322 WAC
•  Sediment Management Standards, Chapter 173-204
   WAC (governing sediment cleanups)
An Update from the States
                                                   151

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152                                                                                     An Update from the States

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(jenerafl?roqrammafic  Onformation
                j
For more detailed information please refer to the specific state profile pages.

                      Number of sites
                                       Number of sites    Costs to enter
                     currently in VCP
                                   „   completed under   program/fees for   Contaminants Covered/Excluded    Site Eligibilty Requirements    Definition of
                                                                        Does not restrict on basis of
                                                                        contaminants; petroleum, asbestos,
                                                                        lead paint, and PCBs all included

                                                                        Petroleum and PCBs are included;
                                                                        asbestos and lead paint are excluded.
                                                                                       Eligible sites must be located in either
                                                                                       a distressed community or a target
                                                                                       investment community
                                            33,455
                                                         Petroleum, asbestos, VOCs and PCBs Anyone may participate in a voluntary
                                                         are included; lead paint is excluded.   cleanup
              NY




              PR

              VI


              DE



              DC




              MD




              PA



              VA



              WV
                                                       $1,000 Remedial
                                                       Action Approval fee
                                                                        Petroleum, asbestos, lead paint, and
                                                                        PCBs are all included
                                                         Petroleum and PCBs are included;
                                                         lead-based paint from ind./com.
                                                         properties also are covered, only in
                                                         cases where they are in the
                                                         environment and not on a structure
                                                         Asbestos, lead paint, and PCBs are
                                                         included; petroleum is included if not
                                                         eligible under the PCF
                                        Charge oversight fees
                                        based on staff time &
                                        may bill salary and
                                        overhead

                                        State oversight costs
                                        are reimbursed by the
                                        party cleaning up the
                                        site. RPs must also
                                        pay past costs.
BCP—haz waste (including haz
substances) & petro are covered.
ERP—haz substances & petro are
covered; lead paint is not.
VCP—haz wastes, haz substances,
and petro are covered.
                                        Under development  Under development
                              Any property contaminated with
                              hazardous materials or oil is eligible,
                              except sites that are being cleaned up
                              through one of the state's petroleum
                              reimbursement funds and sites that
                              are under an environmental or
                              corrective order

                              Although anyone is eligible, non-PRPs
                              may obtain a covenant not to sue and
                              protection from contribution actions.
Participation in VCP is open to all
parties with some exceptions (publicly
funded sites, sites under an
enforcement action or court order).

Site owners, prospective purchasers,
municipalities, and operators may
participate. Participation by Class 2
sites and NPL sites is not allowed.
                                                                                       Under development
                                        No cost to enter into
                                        the BDP; Oversight
                                        costs are charged


                                        $10,000 application
                                        fee
                                        Initial fee of $6,000;
                                        additional fees are
                                        also included


                                        $250 for statewide
                                        health final report and
                                        $500 for site-specific
                                        final report.

                                        $5,000 or 1% of the
                                        cost of remediation,
                                        whichever is less.

                                        Fee is calculated
                                        according to the size
                                        of the property.
Petroleum contamination is covered on
brownfields sites; asbestos and lead
paint contamination are covered if
found in the soil.
Has not identified particular
contaminants that are to be excluded
from the program under all
circumstances.
PCBs, oil, petroleum (not exclusively,
but along with other contaminants),
paint, and asbestos (as long as they
comply with all other applicable laws
and regs) are eligible.


See list on LRP Web site
Site must be a certified brownfields
and the developer must not have any
contractual or familial relationship with
any PR P.
Non-RPs are eligible; Any brownfields
or site contaminated by haz
substances that is not listed on NPL or
subject to a current cleanup action.
Any site that is contaminated or
perceived to be contaminated is
eligible, other than NPL sites, sites
under active enforcement, or TSD
facilities.
Petroleum, asbestos, lead paint and
PCBs all eligible, if not regulated under
another program.


No exclusions
           * VCP includes all of the state's programs (e.g., response program, brownfields, etc.)
An Update from the States
                                                                                                                                     153

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                     A                                                   /""
general  Proqmmmafic  Onformafion
                               •j
               For more detailed information please refer to the specific state profile pages.
  Region      State
               AL
 Number of sites
currently in VCP*
Number el sites     Costs to enter                                                                     State
completed under  program/lees lor   Contaminants Covered/Excluded     Site Eligibilty Requirements     Definition of
     VCP*            service                                                                     Brownfielils
               KY
               TN
                                             3,923
               MN
                                             22,700
                                   A non-refundable
                                   $3,000 application
                                   review fee is required;
                                   additional fees may
                                   apply.
                                   Application
                                   fees—Area of <3
                                   acres ($1,000); area
                                   >3 acres and <10
                                   acres ($2,500); and
                                   area >10 acres
                                   ($3,500).
                                                        $2,000 application fee
                                                        and $75/hour
                                                        administrative costs
                                  Petroleum, asbestos, lead paint, PCBs
                                  are covered.

                                  Petroleum and PCBs are covered;
                                  asbestos and lead paint accepted
                                  conditionally.

                                  Petroleum, on-site hazardous
                                  substances that have not been
                                  released to the environment.
                                                 Property must not be on the NPL,
                                                 currently undergoing response
                                                 activities, or a RCRA site.

                                                 All sites are eligible, except those on
                                                 the NPL

                                                 The property  must have a pre-existing
                                                 release; any lien filed under the state
                                                 superfund against the property must
                                                 be satisfied; and must not be on the
                                                 NPL
                                  Petroleum and PCBs are covered (but
                                  petroleum releases are not eligible);
                                  asbestos and lead paint are covered if
                                  released in environment.
                                                 Any site is eligible, unless the site is: a
                                                 licensed radioactive facility; on the
                                                 NPL; a hazardous treatment facility; or
                                                 subject to an enforcement action.
                                                    Asbestos, lead paint, PCBs, and
                                                    petroleum are covered.
$2,000 for a
brownfields
agreement and $500
fora NFA letter.

No application fee;
however, RPs and
non-RPs must pay
oversight costs.

Participation fee has
been waived;
however, charged for
oversight cost.
User fees based on
personnel costs,
overhead, travel, lab
costs, etc.

Brownfiields Program
is free; VRP
application fee is
$1,000 plus additional
state costs.
                                                        $750
                                                     Exclusively petroleum contamination
                                                     from USTs are ineligible

                                                     Hazardous substances (including
                                                     PCBs ) are addressed, but not
                                                     petroleum. Asbestos & lead-based
                                                     paint can be addressed if it is an
                                                     environmental exposure.

                                                     Petroleum, asbestos, and PCBs are
                                                     covered. Lead paint is covered if other  RPs are not eligible
                                                     hazardous substances are present.
                                                                 Demonstrate that: the remediation will
                                                                 result in suitable use of site; party has
                                                                 the financial & technical resources to
                                                                 complete the task; current owner's
                                                                 approval; and pay for oversight costs.

                                                                 Any site may enter the VCP;
                                                                 Brownfields Program is statutorily
                                                                 restricted to non-causative prospective
                                                                 developers

                                                                 The eligibility requirements are set
                                                                 forth in the South Carolina Hazardous
                                                                 Waste Management Act.
                                   Fees range from
                                   $1,000 to $5,000
                                   depending upon the
                                   site.

                                   $250 application fee
                                   and $75/hourfor
                                   oversight
                                  Petroleum and all hazardous
                                  substances are included.

                                  Brownfields Program ~ asbestos, lead
                                  paint, petroleum, and PCBs are
                                  covered.
                                  VRP -- petroleum and PCBs are
                                  covered; however, asbestos and lead
                                  paint are not.
                                  Does not restrict sites from the VCP on
                                  the basis of contaminant; petroleum,
                                  asbestos, lead paint, PCBs are all
                                  covered.
                                  Petroleum is allowed if not the sole
                                  contaminant; asbestos and lead paint
                                  only if there is a release to the
                                  environment; PCB sites are handled
                                  only if contamination resulted from a
                                  release prior to 1978.
                                  Hazardous substances, petroleum,
                                  asbestos, and lead paint are allowed;
                                  PCB sites are allowed only if
                                  contamination resulted from a release
                                  prior to 1978.

                                  Petroleum, asbestos, lead paint, and
                                  PCBs are all covered.
                                                                                   Generally, any site not required to
                                                                                   clean up under any other program
                                                                                   (e.g., RCRA, Superfund) is eligible


                                                                                   Any site unless an enforcement action
                                                                                   is pending, the site is a substantial and
                                                                                   imminent threat, or a federal grant
                                                                                   requires action.
                                                 Any party is eligible for the VAP except
                                                 for those already regulated under
                                                 federal or state law.

                                                 Any party, including RPs are eligible.
                                                 Any type of contamination site is
                                                 eligible including LUST, hazardous
                                                 waste, spills, etc.
            * VCP includes all of the state's programs (e.g., response program, brownfields, etc.)
154
                                                                     State Brownfields and Voluntary Response Programs:

-------
(jenerafl?roqrammafic  Onformation
                               •j
               For more  detailed information please refer to the specific state profile pages.
                       Number of sites
                     currently in VCP*
    Number ef sites    Costs to enter                                                                     State
„   completed under   program/fees for  Contaminants Covered/Excluded     Site Eligibilty Requirements    Definition of
              AR
               LA
              NM
              OK
              MO
               NE
              CO
              MT
              ND
              WY
                    A fee schedule has
                    not been established
                    for the program.
                    $500; in addition,
                    must reimburse DEO
                    for the actual direct
                    costs of oversight.

                    $1,000 application fee
                    and $65/hour charges
                    for oversight.
                                                                         Petroleum sites are covered.
                                                Non-RPs who do not own the property
                                                are eligible.
                  No restrictions based on contaminants;
                  petroleum, asbestos, lead paint, and
                  PCBs are all covered.
                  Does not restrict on the basis of
                  contaminants.
                    Reimbursement of    All sites affected by pollution are
                    oversight costs.      covered.
                    $1,000applciationfee
                    and reimbursement
                    for oversight costs.

                    $750 application fee
                    and oversight fees.
                    Oversight fees are
                    capped at $7,500.
                    $200 nonrefundable
                    application fee and
                    initial deposit, not to
                    exceed $5,000, to
                    cover oversight costs.

                    $200 initial deposit
                    (application fee) and
                    up to $5,000 for
                    oversight costs.

                    $5,000 application fee
                    and a $5,000
                    participation fee.

                    $2,000 application fe
                    and$85/hourfor
                    oversight.


                    VCP, participant must
                    reimburse the state
                    for all admin costs.
                    Cost recovery is
                    based on actual cost;
                    there is no standard
                    fee. No costs for the
                    brownfields program.
                                                                         All contaminants in soil and ground
                                                                         water are covered, except those under
                                                                         the jurisdiction of the Texas Railroad
                                                                         Commission.
                                                                         Any contaminant that has appropriate
                                                                         toxicity information available is
                                                                         covered.
                                                                         Lead, asbestos, and PCBs are all
                                                                         covered.
Only Non-RPs are eligible


To be eligible, an applicant must: own
the site; operate the facility; be the
prospective owner; or be a prospective
operator of the facility.
To be eligible, the site must not be
under a correcitve action and is in
compliance with court orders.

All sites are eligible, except those
commission orders, remediation
permits, or listed on the NPL
                  Petroleum, asbestos, lead paint,
                  CERCLA hazardous substances, and
                  PCBs are all covered.
                  Petroleum, asbestos, lead-based
                  paints, and PCBs are all covered.

                  Petroleum, asbestos, lead paint, and
                  PCBs are covered. Ground water
                  standards must be met at property
                  boundary.
All sites are eligible except those that
pose and imminent threat to public
health, RCRA sites, NPL sites,
CERCLA enforcement, or release from
a LIST

No eligibility requirements, open to all
sites.

Publicly-owned, directly by a
municipality or indirectly through a
quasi-public entity and/or Privately-
owned by current or prospective
property owners, developers, etc.
                  All contaminants covered, but must
                  represent a release or threat of release
                  to the environment.
Any person or entity is eligible, and all
non-NPL sites are eligible, although
the state is given discretion to reject
applications.
Does not charge
parties to enter into
the brownfields
program or have fees
for staff services.

$2,000 application fee
and an environmental
assessment are
required at time of
application.

$350 application fee
(covers the first 10
hours of oversight)
and $35/hour rate for
additional oversight.
                                      Does not restrict on the basis of
                                      contaminants.
                                      The state regulates haz substances,
                                      haz wastes, toxic substances, petro,
                                      pesticides, metals, and other
                                      substances considered regulated
                                      substances under SDCL Ch 34A-12.
                                                                         Does not restrict on the basis of
                                                                         contaminants.
                                      Wide variety of contaminants are
                                      eligible.
                                                                                                        Rules are being drafted.
                                                                    All sites are eligible except RCRA
                                                                    sites, NPL sites, or sites with and
                                                                    existing
Sites where the release occurred was
not subject to a permit requirement or
if the site is not under a court order are
eligible.
           * VCP includes all of the state's programs (e.g., response program, brownfields, etc.)
An Update from the States
                                                                                                                   155

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                     A                                                  /""
general  Proqmmmafic  Onformafion
                               •j
                              for more detailed information please refer to the specific state profile pages.
                      Number of sites
                     currently in VCP*
                                                                                                        Sites that meet the state brownfields
                                                                                                        definition.
Number of sites    Costs to enter                                                                    State
completed under  program/fees for   Contaminants Covered/Excluded    Site Eligibilty Requirements    Definition of
     VCP*            service                                                                   Brownfields
                                  Excluded—Crude oil.
                $2,000 non-         Covered—Hazardous substances
                refundable application mixed with petroleum products;
                fee, $110/hour fee for hazardous wastes as defined by
                oversight, plus       CERCLA, including RCRA sites; haz
                additional costs.      wastes that are ignitable, corrosive,
                                  reactive or toxic.
                DTSC is obligated to  Generally regulates hazardous
                recover its costs and  substances, consistent with the federal
                does this through     definition. Petro releases from non-   Most sites are eligible unless listed as
                voluntary cleanup     USTs may also be addressed. School federal/state Superfund site, a military
                agreements,         Property Evaluation and Cleanup     facility, site falls outside of DTSC's
                reimbursement      Program also addresses naturally-    jurisdiction, or if another agency
                agreements,         occurring chemicals. The Water      currently has oversight.
                contracts, and       Boards regulate haz materials which
                settlements.         includes petro hydrocarbons.
              GU
              AK
              OR
                                                        $1,000 app ication fee
                                                        and$100/hour
                                                        oversight fee


                                                        Residential property
                                                        fee is $400.
                                                        Commercial property:
                                                        less than 1  acre
                                                        ($500), 1-25 acres
                                                        ($1,000), 26-100
                                                        acres ($1,600), more
                                                        than 100 acres
                                                        ($2,000)
                                                        None
                                                        $500 application fee
                                                        and $2,500 fee for
                                                        oversight.
                                  Petro eum  asbestos  lead paint, PCBs
                                  are all covered.
                              All sites are eligible except NPL sites,
                              sites with CERCLA enforcement
                              actions, RCRA sites, and sites with a
                              Letter of Interest from the US Coast
                              Guard.
                                  Asbestos, lead paint, PCBs are      For VCP—application and site
                                  covered; petroleum is covered, only if  character ization information.  For
                                  site does not qualify for reimbursement brownfields funding—federal site
                                  under the state's Petroleum Fund.    eligibility criteria are used.
                                                                         None excluded at this time, however,
                                                                                                        DEC encourages the use of the SCP
                                                                                                        to clean up low-risk petro
                                  sites must be of a low- to medium risk contaminated sites. And, Brownfields
                                  to be addressed through brownfields  assessment funding may only be used
                                  program oversight.                at properties that meet EPA
                                                                brownfields funding criteria.

                                                                All sites are eligible except those with
                                                                a statutory required remediation under
                                                                another Idaho program or that have
                                                                conditions that pose an imminent
                                                                threat to human health.
                                                                The site must be contaminated with
                                                                haz substances, including petro, for
                                                                which remedial activities are
                                                                necessary to protect human health
                                                                and the environment. The
                                                                contamination must not have been
                                                                caused nor aggravated by the
                                                                prospective purchaser.
DEQ's Risk Evaluation Manual and
Software includes the 185
contaminants, with the ability to add
additional contaminants on a site-
specific basis.
Petroleum, hazardous waste, lead
paint, PCBs, and CERCLA
contaminants are covered.
                            4,504
                                            1,714
                $500 deposit plus    Does not restrict on the basis of
                hourly charges       contaminants.
           * VCP includes all of the state's programs (e.g., response program, brownfields, etc.)
156
                                                  State  Brownfields and Voluntary Response Programs:

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Types of^FinanciafOncentives ^ Onsurance "Mechanisms Available
        For more detailed information please refer to the specific state profile pages.
 Region  State    Grants
Bonds
                X
                X
                X
                X
                X
                X
                X
                X

                X
                X
                X
                X
                X
                X
                X
                X
Loans
            X
            X
            X
            X
            X
            X
            X
            X
            X
            X

            X
            X
            X
            X
            X
            X
            X
            X
            X
            X
   Tax
Abatement
                                               x
                       x
                       X
 Tax
Credits
                                 X
Environmental
  Insurance
                       X
                       X
                       X
                       X
                       X
                       X
                       X
                       X
                       X

                       X
                       X
                       X
                       X
                       X
                       X
                       X

                       X
                       X
                      Pending
                       Under
                     development
An Update from the States
                                                   157

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Types of^FinanciafOncentives ^ Onsurance "Mechanisms Available
        For more detailed information please refer to the specific state profile pages.
Region  State    Grants
Bonds
                X
                X
                X
                X
                X
                X
                X
                X
                X
                X
                X
Loans
            x
            x
            X
            X
            X
            X
            X
            X

            X
            X
            X
            X

            X
            X
            X
            X
   Tax
Abatement
 Tax
Credits
Environmental
  Insurance
                                                                    Under
                                                                  development
158
                     State Brownfields and Voluntary Response Programs:

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      kfifM "Provisions for Sfafe Response  Programs
         For more detailed information please refer to the specific state profile pages.
Region
         \	Liability Provisions
VCPMOA                             .
with EPA*  Retroactive    Strict    1....*
Joint &
Several
                                                           Other*
CT
ME
MA
NH
Rl X
VT
NJ
NY
PR
VI
DE X
DC
MD X
PA X
VA X
WV
AL
FL X
GA
KY
MS
NC
SC
TN
IL X
IN X
Ml X
MN X
OH X
Wl X
X XX
X X
X X
X X
X XX
X X




X X
X X
X XX
X XX












X X
X XX


                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
                                                            X
       To review a VCP MOAfor a state, go to http://www.epa.gov/brownfields/html-doc/statemoa.htm
       Other includes proportional liability; liabilities obtained from No Further Action Letters, Restricted Use
       Agreement Orders, Covenants Not to Sue, etc.; and/or liabilities were not specified by the state.
An Update from the States
                                                                        159

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         fifM "Provisions for Sfafe  Response  Programs
         For more detailed information please refer to the specific state profile pages.
                                        Liability Provisions
Region
VCPMOA
with EPA*
AR
LA
NM
OK
TX
IA
KS
MO
NE
CO
MT
ND
SD
UT
WY
AZ
CA
GU
HI
NV
AK
ID
OR
WA
X
X
X
X
X
X
X
X

X




X









                           Retroactive    Strict
Joint &
Several
Other*
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X

                                                             X
                                                             X
                                                             X

                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
                                                             X
       To review a VCP MOA for a state, go to http://www.epa.gov/brownfields/html-doc/statemoa.htm
       Other includes proportional liability; liabilities obtained from No Further Action Letters, Restricted Use
       Agreement Orders, Covenants Not to Sue, etc.; and/or liabilities were not specified by the state.
160
                                     State Brownfields and Voluntary Response Programs:

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           Participation
        For more detailed information please refer to the specific state profile pages.
 Region   State
          CT         X
          ME         X
          MA         X
          NH         X
          Rl         X
          VT         X
          NJ         X
          NY         X
          PR
          VI         X
          DE         X
          DC         X
          MD         X
          PA         X
          VA         X
          WV         X
          AL         X
          FL         X
          GA         X
          KY         X
          MS         X
          NC         X
          SC         X
          TN         X
          IL         X
          IN         X
          Ml         X
          MN         X
          OH         X
          Wl         X
Public
Notice
  X
 Public      Hearings/     Citizen Group
Comment     Meetings       Grants
   X
  X
  X
  X
  X
  X

  X
  X
  X
  X
  X
  X
  X
  X
  X
  X
  X
  X
  X
  X

  X
  X
  X
   X
   X
   X
   X
   X
   X
   X
   X
   X
   X
   X
   X
   X
   X
   X
   X

   X
   X
   X
X
X
X
X
X
X
X

X
X
X

X
X
X
X
X

X
X
X
X
X
An Update from the States
                                                     161

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        fc  Participation
        For more detailed information please refer to the specific state profile pages.
AR
LA
NM
OK
TX
IA
KS
MO
NE
CO
MT
ND
SD
UT
WY
AZ
CA
GU
HI
NV
AK
ID
OR
WA
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
                              ££
                                X
                                X
                                X
                                X

                                X
                                X
                                X

                                X
                                X
                                X
                                X
                                X
                                X
                                X
                                X
                                X
                                X
                                X
                                X
                      Public      Hearings/     Citizen Group
                    Comment     Meetings       Grants
X
X
X
X

X
X
X

X
X
X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
162
                             State Brownfields and Voluntary Response Programs:

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Lorn- "Term ^Stewardship ^ OnsKtutionaf Controls
    vv                         /
       For more detailed information please refer to the specific state profile pages.
Region   State
        CT
        ME
        MA
        NH
        Rl
        VT
        NJ
        NY
        PR
        VI
        DE
        DC
        MD
        PA
        VA
        WV
        AL
        FL
        GA
        KY
        MS
        NC
        SC
        TN
        IL
        IN
        Ml
        MN
        OH
        Wl
Tracking
  x
  x
  X
  X
  X

  X
  X
  X
  X

  X
  X
  X
  X
  X
  X
  X
  X
  X
  X
  X
  X

  X
  X
                            Lonn-term Stewardshm ana Institutional Controls
Oversight     Monitoring    Reopeners
  X

  X
  X
  X
   X
   X
   X
   X
   X
   X

   X
   X

   X
   X

   X
   X
X
X
X
X
X
X
X
X
X
X
X
X
X
              X
              X
An Update from the States
                                                        163

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Lorn- "Term ^Stewardship ^ OnsKtutionaf Controls
       For more detailed information please refer to the specific state profile pages.
Region   State
        AR
        LA
        NM
        OK
Tracking
  X
  X
  X
TX
IA
KS
MO
NE
CO
MT
ND
SD
UT
WY
AZ
CA
GU
HI
NV
AK
ID
OR
WA

X
X
X
X
X

X
X
X
X
X
X



X
X
X
X
                            Lonn-term Stewardshia ana Institutional Controls
Oversight     Monitoring     Reopeners
               X
               X
                               X

                               X
                               X
                               X
                               X
                               X
                               X
                               X
                               X
                               X
                               X
                               X
                               X
                               X
                          X
                          X
                          X
                          X
                          X
                          X
                          X
                          X
                          X
                          X
164
                           State Brownfields and Voluntary Response Programs:

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