ed States
Environmental Protection
Agency
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oreword
"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 EPAs 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, DC 20460
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TABLE OF CONTENTS
STATE BROWNFIELDS AND VOLUNTARY RESPONSE PROGRAMS
STATES LISTED BY EPA REGIONS
Introduction
EPA REGION 1 6
Connecticut 7
Maine 9
Massachusetts 11
New Hampshire 13
Rhode Island 15
Vermont 17
EPA REGION 2 19
New Jersey 20
New York 22
Puerto Rico 24
Virgin Islands 25
EPA REGION 3 26
Delaware 27
District of Columbia 29
Maryland 31
Pennsylvania 33
Virginia 35
West Virginia 37
EPA REGION 4 39
Alabama 40
Florida 42
Georgia 44
Kentucky 46
Mississippi 48
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TABLE OF CONTENTS
North Carolina 50
South Carolina 52
Tennessee 54
EPA REGION 5 56
Illinois 57
Indiana 59
Michigan 62
Minnesota 65
OHIO 67
Wisconsin 69
EPA REGION 6 71
Arkansas 72
Louisiana 74
New Mexico 76
Oklahoma 78
Texas 81
EPA REGION 7 84
Iowa 85
Kansas 87
Missouri 89
Nebraska... ...91
EPA REGION 8
Colorado
Montana
North Dakota....
South Dakota....
Utah
Wyoming
EPA REGION 9
American Samoa
Arizona
California
Guam
Hawaii
Nevada
Northern Mariana Islands.
EPA REGION 10,
alaska
Idaho
Oregon
Washington
...93
...94
...96
...98
.100
.102
.104
.106
.107
.109
.111
.113
.115
.117
.119
.121
.122
.124
.126
.129
APPENDIX... ...132
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STATE BROWNFIELDS AND VOLUNTARY RESPONSE PROGRAMS:
The State Brownfields and Voluntary Response Programs Report explores the evolving landscape of state
environmental, financial and technical programs designed to promote brownfields cleanup and reuse. This report
provides 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
websites.
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 state programs emphasizes the states'
essential role in brownfields cleanup. In the coming years—in times of heightened budgetary concerns and tight
budgets—state programs will look to ensure that resources are committed for long-term monitoring and other
property needs, continue to create incentives to assist in the cleanup and reuse of brownfield properties, and
develop sustainability initiatives to incorporate sustainability into cleanup and end use decisions. States will continue
to put many different approaches in place to meet these goals and address the diverse challenges of brownfields
reuse. This report attempts to summarize those programs and approaches.
Elements in the Analysis
This update looks at several components of state brownfields and voluntary response programs.
The Program overview lays out the basics of each state's voluntary response program and any other brownfields
related cleanup programs. It provides program titles and contact information for each state program, and discusses
administrative elements, 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.
Financial Elements provides an explanation of assessment and cleanup funding, tax incentives, and other forms of
brownfields redevelopment support available understate programs, such as environmental insurance.This update
includes information on financial programs directly available through state voluntary response programs, as well
as other incentive programs applicable to brownfields reuse efforts. The report includes information on funding
sources, funding amounts, and a program's focus on special types of properties, such as dry cleaners or petroleum
properties. In addition, this section discusses liability relief provisions.
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 understate programs,
requirements governing institutional controls, and state approaches to long-term stewardship.
Program Highlights provides a success story or overview of a project or activity recently conducted using the
Environmental Protection Agency's (EPA) Section 128(a) Response Program funding. The program highlights
section showcases the variety of ways states are using Section 128(a) Response Program funding to continue to
develop their programs or conduct site-specific assessment or cleanup activities to protect human health and the
environment and spur economic development.
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EPA REGION 1
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CONNECTICUT
Department of Energy and Environmental Protection (DEEP)
Brownfields and Voluntary Remediation Programs
79 Elm Street
Hartford, CT 06106-5127
www.ct.gov/deep
Contact(s): Voluntary Remediation: Robert Bell
Assistant Director, Remediation Division
Robert. E. Bell@ct.gov
860-424-3873
Brownfields: Mark Lewis
Brownfields Coordinator, Office
of Constituent Affairs and Land
Management
Mark.Lewis@ct.gov
860-424-3768
Program Overview
Brownfields Program
Cost to Enter the Program:
Varies
Liability Relief Provisions
Tax Incentives
Licensed Environmental
Professional Program
PROGRAM
Connecticut provides a variety of voluntary remediation and brownfields programs and incentives to expedite the cleanup and reuse of
contaminated properties.
• Funding Source(s) for the Program: State funds (approximately 65%) and federal grants (approximately 35%).
• Cost to enter program or fees for service: Varies: Voluntary Remediation Program - $3,250. Brownfields Remediation and Revitalization
Program - 5% of the assessed value of the land (without improvements) with waivers available to municipalities or economic development
agencies or on request of a municipality or economic development agency. Entry into most other programs is at no cost to the applicant.
• Sites Enrolled in VCP: As of June 2014, more than 530 sites in Voluntary Response Programs.
• Sites Completed under VCP: As of June 2014, more than 68 sites completed under Voluntary Response Programs. Many other sites are
remediated pursuant to mandatory state laws, such as the Property Transfer Program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to assist with brownfields reuse projects. The Office of Brownfield
Remediation and Development is the state's one stop shop for financial assistance for Brownfields. http://www.ctbrownfields.gov
Incentives
• Urban and Industrial Site Investment Tax Credit Program -Tax credit for corporate taxes on redevelopment projects in industrial areas.
www.ct.gov/ecd/cwp/view.asp?A=1101 &Q=249842
• Enterprise Zone Program - Incentives provide tax abatement for real estate improvements and deferral of higher taxes resulting from
increased property values after project completion. www.ct.gov/ecd/cwp/view.asp?a=1099&q=249766
• Historic Preservation Tax Credit Program - Provides financial incentives in the form of historic tax credits for the conversion of historic
commercial, industrial, former government property, cultural building, institutional, or mixed residential and nonresidential property to
mixed residential and nonresidential uses or nonresidential use. http://www.cultureandtourism.org/cct/cwp/view.asp?a=3933&q=430786
• Historic Structures Rehabilitation Tax Credit Program - Provides a tax credit for the conversion of historic commercial, industrial,
institutional, former government buildings, cultural building, or residential property of more than four units to residential use, including
rental or condominium units. http://www.cultureandtourism.org/cct/cwp/view.asp?a=3933&q=331966
Liability Relief Provisions
Covenants Not to Sue (CNTS) - Two types of CNTS are available: one pursuant to Section 22a-133aa of the Connecticut General Statutes
(CGS) and one pursuant to CGS Section 22a-133bb. A CNTS is an agreement by the Commissioner that the Commissioner shall release
claims related to pollution or contamination on or emanating from the property that resulted from a discharge, spillage, uncontrolled loss,
seepage, or filtration on such property prior to the effective date of the covenant.
To realize this benefit, the property must be remediated in accordance with the Department's Remediation Standard Regulations (RSR) in
effect on the effective date of the CNTS, and any environmental land use restriction necessary to comply with the RSRs must be recorded
on the land records and must remain in effect. wwwct.gov/dep/cwp/view.asp?a=2715&q=324936&depNav GID=1626
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Brownfield Remediation and Revitalization Program
CGS Section 32-769 provides liability relief for certain innocent parties who acquire a brownfield and clean up the property to state
standards within statutory timeframes. In exchange for cleanup onsite, the law provides that the eligible party is not required to clean up prior
releases that migrated off-site, and provides various third party liability protections, http://www.cga.ct.gov/2014/sup/chap 588gg.htm
Abandoned Brownfield Cleanup Program
CGS Section 32-768 allows new developers of certain brownfields to not incur liability to address pre-existing, off-site contamination as long
as cleanup of onsite contamination continues, and migration of contamination from the site ceases. Contamination on-site must be cleaned
up under the Voluntary Cleanup Program pursuant to Section 22a-133x. A Covenant Not to Sue pursuant to CGS Section 22a-133aa is
provided upon completion, free of charge, http://www.cga.ct.gov/2014/sup/chap_588gg.htm
Municipal Liability Relief Program
Section 22a-133ii of the Connecticut General Statutes provides relief from state and third party liability for any pre-existing contamination to
any municipality or economic development agency, nonprofit economic development corporation, or non-stock corporation or limited liability
company established by a municipality to address redevelopment, http://www.cga.ct.gov/2014/sup/chap 445.htm
Licensed Environmental Professional Program
DEEP allows a Licensed Environmental Professional (LEP) to be responsible for the direct oversight of site investigation and remediation
projects at many sites, in lieu of DEEP reviews and approvals. www.ct.gov/dep/cwp/view.asp?a=2715&q=324978&depNav_GID=1626
PROGRAM ELEMENTS
Methods/Standards/Controls
Remediation standard regulations (Regulations of Connecticut State Agencies [RCSA]) 22a -133k-1 through k-3) were adopted in January
1996, and revised in June 2013. These regulations provide numeric 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 engineered controls and institutional controls that
change cleanup requirements, but ensure the long-term stewardship of the site. The Risk-Based Corrective Action (RBCA) process was
used as a guide in developing the criteria. wwwct.gov/dep/cwp/view.asp?a=2715&q=325012&depNav_GID=1626
Contaminants Covered
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 in the regulations, criteria must be proposed and submitted to DEEP
and the Department of Public Health (DPH) for review and approval.
Institutional Controls (1C)
1C Tracking, Oversight, and Monitoring: Environmental land use restrictions (as prescribed in the remediation standard regulations) can
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.
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 ICs.
This link also provides additional information regarding contaminated sites in the state:
http://www.ct.gov/dep/cwp/view.asp?a=2715&q=325018&depNav GID=1626
PROGRAM HIGHLIGHTS
DEEP is in the middle of a comprehensive evaluation and transformation of its state cleanup laws. Starting in January 2011, DEEP commenced
a public process to evaluate all the state cleanup laws, identify what is working well and what could be improved, and began shaping proposals
for transforming the cleanup laws. The goals are a more efficient, speedy, clear, comprehensive and protective system. Cleanup transformation
details and documents are on the DEEP website (www.ct.gov/deep/remediation or Comprehensive Evaluation and Transformation of
Connecticut's Cleanup Program webpage at www.ct.qov/deep/cwp/view.asp?a=2715&q=481178&deepNav_GID=1626).
OTHER LAND PROGRAMS
State Superfund Program Significant Environmental Hazard Program
www.ct.qov/dep/cwp/view.asp?a=2715&q=325022&depNav_GID=1626 www.ct.qov/dep/cwp/view.asp?a=2715&q=324976&depNav_GID=1626
Underground Storage Tank Petroleum Clean-Up Program
wwwct.qov/dep/cwp/view.asp?a=2717&q=325322&depNav GID=1652
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MAINE
Voluntary Response Action Program (VRAP)
Maine Department of Environmental Protection (DEP)
17 State House Station
Augusta, ME 04333-0017
www.maine.gov/dep/rwm/
Contact(s): Nick Hodgkins
(VRAP & Brownfields)
nick.hodgkins@maine.gov
207-287-4854
VRAP Program Overview
Cost to Enter the Program: $500
Technical Assistance
Liability Relief Provisions
Brownfields Program Overview
No Cost to Enter the Program
Grant of Services for Assessments
Remediation Assistance to Municipalities
and Nonprofits
PROGRAM
In 1993, the Maine Legislature established the Voluntary Response Action Program (VRAP). The VRAP allows applicants to voluntarily
investigate and clean up properties to the Maine Department of Environmental Protection's (DEP) satisfaction, in exchange for protections from
enforcement actions. The VRAP is intended to encourage the cleanup and redevelopment of contaminated properties within the state.
http://www.maine.gov/dep/spills/vrap/index.html
• Funding Source(s) for the Program: Federal grants and VRAP Program fees.
• Cost to enter program or fees for service: There is a $500 application fee and reimbursement of all staff costs.
• Sites Enrolled in VCP: As of June 2014, 116 sites are underway.
• Sites Completed under VCP: As of June 2014, 635 sites completed investigation and remedial action.
FINANCIAL ELEMENTS
Funding for the VRAP is provided by the applicants. Applicants conduct and submit investigation reports, remedial work plans and
remediation completion reports to the VRAP for review and approval. The cost of the VRAP project manager's time is billed to the applicant.
Brownfields Assessment and Cleanup Funding
This program is funded through federal grants. Targeted Brownfields Assessment (TBA) grants (contractor services) are available to
municipalities, nonprofits or developers. Remedial grants are available for properties owned by municipalities and nonprofits.
Liability Relief Provisions
The VRAP offers a 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. Sites that have been
assessed and or remediated through the Brownfields Program have all of the information needed to enter the VRAP.
Brownfields Redevelopment Authorities (or similar)
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 obtaining a certificate from the state indicating that cleanup was completed to the state's satisfaction. MEDEP and the Maine
Department of Economic and Community Development have partnered on a Revolving Loan Fund to assist developers with remedial costs
at their properties.
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PROGRAM ELEMENTS
Methods/Standards/Controls
Cleanup guidelines are currently available and consider four separate exposure scenarios for soil contact: 1) residential, 2) outdoor
commercial worker, 3) construction/excavation worker, and 4) recreational/park user. Alternatively, a site-specific goal may be established
using the state's risk-assessment guidance document, http://www.maine.gov/dep/spills/publications/guidance/index.html
Contaminants Covered
All hazardous substances/wastes and petroleum.
Institutional Controls (1C)
1C Tracking, Oversight, and Monitoring: ICs are part of most certifications at VRAP sites. All ICs 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: Maine has no official 1C oversight.
• 1C Monitoring: VRAP audits a small number of ICs on annually.
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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.maine.gov/dep/maps-data/remdescriptanddata.html
PROGRAM HIGHLIGHTS
The MEDEP Brownfields Program provided assessment services through its Section 128(a) Response Program funding to assess an old dairy
property and associated residence in Bangor for a nonprofit housing developer. An underground petroleum tank and contamination issues with
the building (i.e., asbestos, lead paint) were found. The MEDEP Brownfields Program plans to assist in the cleanup of portions of the property,
as appropriate under the grant guidelines. A multi-unit housing complex for homeless persons is planned for the property.
OTHER LAND PROGRAMS
Municipal Landfill Remediation Program
http://www.maine.gov/dep/spills/landfillclosure/index.html
Underground Storage Tanks Program
http://www.maine.gov/dep/waste/ust/index.html
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MASSACHUSETTS
Brownfields Program
Massachusetts Department of Environmental Protection
(MassDEP)
One Winter Street, 2nd Floor
Boston, MA 02108
http://www.mass.gov/eea/aqencies/massdep/cleanup/proqrams/
Contact(s): Kerry Bowie
Brownfields Coordinator
kerry.bowie@state.ma.us
617-556-1007
Program Overview
Brownfields Program
Cost to Enter the Program: Annual
Compliance Fees
Liability Relief Provisions
Tax Incentives
Environmental Insurance
Licensed Site Professional (LSP)
PROGRAM
The Commonwealth of Massachusetts is committed to the cleanup and redevelopment of brownfields properties as a way to stimulate the
economy and further attain environmental protection goals. State brownfields program incentives are available to buyers, and sometimes sellers,
of contaminated property provided there is a commitment to cleanup and redevelopment.
http://www.mass.gov/eea/agencies/massdep/cleanup/programs/
• Funding Source(s) for the Program: Federal grants and the state general fund. Funding from the Section 128(a) Response Program grant
is used to support the Massachusetts Waste Site Cleanup and Brownfield Programs.
• Cost to enter program or fees for service: Annual Compliance Fees are assessed each year for each site reported to MassDEP until a site
is permanently remediated. In addition, permit fees apply to some waste site cleanup submittals.
• Sites Enrolled in MassDEP's Voluntary Cleanup Program (VCP): More than 44,000 release notifications have been made to MassDEP,
with about 4,000 still active. Approximately 1,400 new releases enter the program each year.
• Sites Completed under VCP: 40,000 releases have been closed out. Beginning in 2002, the number of cleanups per year has surpassed the
new notifications.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance products and services are available to assist with brownfields reuse projects. The main
source of state funding for assessment and cleanup is through the Brownfields Redevelopment Fund administered by MassDevelopment.
http://www.massdevelopment.com/financing/specialty-loan-programs/brownfields-redevelopment-fund/
Incentives
• Brownfields Tax Credit Program
• Municipal Tax Abatement Program
• Economic Development Incentive Program (EDIP)
• State Historic Tax Credit
http://www.mass.gov/eea/agencies/massdep/cleanup/programs/brownfields-tax-incentives.html
Liability Relief Provisions
The Massachusetts Brownfields Act established statutory liability relief for certain parties undertaking brownfields projects. A Brownfields
Covenant Not to Sue Program is available through the Massachusetts Office of the Attorney General for some projects that are not eligible
for statutory protection, but where the owner/developer has committed to clean up and redevelop the property.
http://www.mass.gov/ago/doing-business-in-massachusetts/economic-development/brownfields-covenant-program/
Environmental Insurance
The Brownfields Act created the Brownfields Redevelopment Access to Capital (BRAG) Program, which backs loans with state-subsidized,
volume-discounted environmental insurance.
http://www.mass.gov/eea/agencies/massdep/cleanup/programs/state-subsidized-environmental-insurance.html
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Brownfields Redevelopment Authorities (or similar)
Brownfields Redevelopment Authorities (or similar)
Brownfields Support Team Initiative - In May 2008, Lieutenant Governor Timothy Murray announced the Brownfields Support Team Initiative
to help communities clean up contaminated sites and prepare them for redevelopment. Since then there has been three rounds of site
nominations, http://www.mass.gov/governor/pressoffice/pressreleases/2012/3rd-round-of-brownfields-support-team-announced.html
PROGRAM ELEMENTS
Methods/Standards/Controls
A risk-based regulatory program is in place; the regulations are set forth in the Massachusetts Contingency Plan (MCP).
http://www.mass.gov/eea/agencies/massdep/cleanup/regulations/
Contaminants Covered
Most 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, poly-aromatic hydrocarbons (PAHs) and polychlorinated
biphenyls (PCBs), perchlorate, research department explosives (RDX), and high melting explosives (HMX). Some OHM are exempt from
reporting. These OHM are listed in the MCP. www.mass.gov/dep/cleanup/laws/regulati.htm
Licensed Site Professionals (LSP)
Those private parties who are financially responsible under MA law for assessing and cleaning up confirmed and suspected hazardous
waste sites must retain a licensed Hazardous Waste Site Cleanup Professional to oversee the assessment and cleanup work.
http://public.dep.state.ma.us/LSP 2/lspsearch.aspx
Institutional Controls (1C)
Activity and Use Limitations (AULs) and deed notices/restrictions are used and filed at county land record offices (Registry of Deeds).
• 1C Tracking: AULs are tracked through publicly available databases, as well as geographic information systems (CIS) and KML/KMZ
files.
• 1C Oversight: The state has a Long-Term Stewardship goal and conducts periodic follow-up inspections.
• 1C Monitoring: There is a state legislative mandate to audit all sites with AULs. 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://public.dep.state.ma.us/SearchableSites2/Search.aspx
PROGRAM HIGHLIGHTS
The 54-acre Indian Orchard Business Park (IOBP) Project is located within a state-designated environmental justice neighborhood and
represents an opportunity to assemble the largest tract of potentially developable land within the City of Springfield. This site comprises four
former industrial and manufacturing properties with a mixture of publicly- and privately-owned sites. Contamination and derelict building
conditions have complicated the City's efforts to redevelop the site as an integrated modern business complex.
In May 2011, the Springfield Redevelopment Authority (SRA) authorized land disposition of a 12-acre portion of this project for a 2.2 megawatt
solar power generating facility. MassDEP helped the City with technical assistance concerning cleanup issues (e.g., removing six large
underground storage tanks and reviewing open release tracking numbers) and hosted informational and liability meetings between the City and
Western MassElectric. This collaborative approach enabled the construction of the solar array to be completed on the former "Foundry Building"
property that was used to produce iron and steel valves. Western Massachusetts Electric Company (WMECo) and the SRA entered into a
30-year lease term with annual payments to the City. Under the current plan, revenue from the lease will fully satisfy the debt obligation on the
property within five years. In addition, WMECo has agreed to pay all legally-assessed tax obligations yielding more than $500,000 in annual
revenue to the City.
OTHER LAND PROGRAMS
Hazardous Waste Management
http://www.mass.gov/eea/agencies/massdep/recycle/hazardous/
Underground Storage Tanks Program
http://www.mass.gov/eea/aqencies/massdep/toxics/ust/
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NEW HAMPSHIRE
Brownfields Program
New Hampshire Department of Environmental
Services (DES)
P.O. Box 95
Concord, NH 03302-0095
http://des.nh.gov/
Contact(s): Rebecca S. Williams
rebecca.williams@des.nh.gov
603-271-6573
Program Overview
Brownfields Program
Brownfields Cleanup Revolving Loan Fund
Brownfields Covenant Program
Liability Relief Provisions
Grantee Assistance Program
PROGRAM
The New Hampshire Brownfields Program encourages the redevelopment of contaminated properties through a variety of approaches that
address the uncertainty and liability concerns associated with brownfields. These approaches include: the Brownfields Covenant Program,
Brownfields Assessment Program, Brownfields Cleanup Revolving Loan Fund, and the Department of Environmental Services (DES)/Grantee
Brownfields Partnership, http://des.nh.gov/organization/divisions/waste/hwrb/sss/brownfields/index.htm
• Funding Source(s) for the Program: Hazardous Waste Cleanup Fund (HWCF) (20%) and federal grants (80%).
• Cost to enter program or fees for service: None
• Sites Enrolled in VCP: As of June 2014, 151 sites have enrolled in the program.
• Sites Completed under VCP: As of June 2014, 89 sites have completed the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants and loans are available to assist with brownfields reuse projects.
http://des.nh.gov/organization/divisions/waste/hwrb/sss/brownfields/index.htm
Incentives
• Brownfield sites are exempt from state hazardous waste generator fee (RSA 147-B-9).
• Municipalities can abate taxes at brownfield sites (RSA 76:19-a).
Liability Relief Provisions
• Program offers a No Further Action (NFA) letter (when active remediation measures were not required), a Certificate of Completion
(COC) upon completion of a remedial action with the exception of groundwater monitoring, a Certificate of No Further Action (when all
environmental health standards have been met), and a Covenant Not to Sue (CNTS).
• State law provides for strict, joint, and several liabilities. The state is authorized to issue administrative orders, including those for
information, site access, and site cleanup.
• "Qualified holder" provisions of hazardous waste and petroleum statutes provide protection to lenders and municipalities (for tax
deeding).
Brownfields Grantee Assistance Program
In an effort to help New Hampshire grantees maximize the effectiveness of their grant dollars and the success of their efforts, DES
established a policy of assigning a staff geologist or engineer to serve as a brownfields grant liaison. The liaison works closely with the
grantee to provide technical assistance with implementing the grant work plan. Assistance includes review of draft work scopes and reports
prior to submittal of formal reports, http://des.nn.gov/organization/divisions/waste/hwrb/sss/brownfields/grantee.htm
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PROGRAM ELEMENTS
Methods/Standards/Controls
Applicable Rules and Regulatory Authority that serve to guide environmental site investigation and remediation are defined within: Env-Or
600 Contaminated Site Management and Env-Or 800 Brownfields Program under RSA 147-F
http://des.nh.gov/organization/divisions/waste/hwrb/sss/brownfields/index.htm
Additional Guidance Documents may be used for site-specific conditions.
http://des.nh.gov/organization/divisions/waste/hwrb/sss/hwrp/guidance documents.htm
Contaminants Covered
Petroleum compounds, chlorinated volatile organic compounds (VOCs), asbestos, lead paint, and polychlorinated biphenyls (PCBs) are all
covered.
Institutional Controls (1C)
Activity and Use Restrictions (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 1C itself) is typically issued to monitor ground water quality until it meets standards.
• 1C Tracking: Requires responsible parties (RPs) to submit draft Notices of Activity and Use Restriction to DES. Ground water 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. Final recorded Notices of
Activity and Use Restrictions and Groundwater Management Permits are on the OneStop database for public access.
• 1C Oversight: DES reviews and approves all draft Notices of Activity and Use Restrictions prior to recordation in the chain of title for a
site.
• 1C Monitoring: DES does not currently have an inspection program for monitoring compliance with Notices of AURs. However, RPs and
subsequent site owners are required to submit self-certification forms to DES on a periodic basis to demonstrate continued compliance
and awareness of the Notice of AUR. Non-compliance with the conditions of a Notice of AUR is grounds for requiring active remedial
actions and termination of the Notice of Activity and Use Restriction.
http://des.nh.gov/organization/divisions/waste/hwrb/sss/brownfields/controls.htm
The following Web address is a direct link to the state's public database that maintains an inventory of sites, site maps, and ICs. This link
also provides additional information regarding contaminated sites in the state, http://des.nh.gov/onestop/index.htm
PROGRAM HIGHLIGHTS
The New Hampshire DES used Section 128(a) Response Program funding to complete Phase I and Phase II environmental assessments at
the Richelson Building in Plymouth. The current building was constructed between 1930 and 1937 and was occupied by a clothing store and ski
outfitting shop. In 1992, the building was renovated to include a furniture store, tanning salon, photocopy shop, bagel shop, an art studio, and an
office for Plymouth State University (PSU). The building has been vacant since 2009. The assessments were conducted to determine potential
petroleum contamination associated with an underground storage tank. The assessments revealed that no cleanup was required and allowed
the Grafton County Economic Development Council (Council) to receive U.S. Department of Housing and Urban Development (HUD) funding to
purchase the property. In addition, the Council was awarded $500,000 in New Hampshire Tax Credits and successfully applied for a loan from the
Northern Border Regional Commission, a new regional coordination mechanism for the Northern Forest states as well as a potentially significant
new source of investment for economic and community development in the region. As the property is located adjacent to PSU, the Council
worked with PSU to renovate the building to house a small business incubator and business resource center that will be run by PSU staff.
OTHER LAND PROGRAMS
Hazardous Waste Remediation State Contaminated Sites
http://des.nh.gov/organization/divisions/waste/hwrb/index.htm
Petroleum Remediation
http://des.nh.gov/organization/divisions/waste/orcb/prs/prp/index.htm
Asbestos Management
http://des.nh.aov/oraanization/divisions/air/cb/ceps/ams/index.htm
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RHODE ISLAND
State Site Remediation and Brownfields Program
Rhode Island Department of Environmental
Management (RIDEM)
235 Promenade Street
Providence, Rl 02908-5767
http://www.dem.ri.qov/
Contact(s): Kelly J.Owens
kelly.owens@dem. ri.gov
401-222-2797 Ext. 7108
Program Overview
Brownfields Program
Cost to Enter the Program: $1,000
MOA with EPA Region 1 (February 1997)
Liability Relief Provisions
Tax Incentives
Commerce Rl
PROGRAM
The Rhode Island Site Remediation and Brownfields Programs regulates and provides technical oversight for the investigation and remediation
of releases of hazardous waste or hazardous material to the environment; ensures that those investigations and remedial activities are
conducted in a consistent manner that adequately protects human health and the environment; and enforces regulations regarding the proper
remediation of Resource Conservation and Recovery Act (RCRA) Corrective Action sites.
http://www.dem.ri.gov/programs/benviron/waste/topicrem.htm
• Funding Source(s) for the Program: Federal grants and General State Fund.
• Cost 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.
• Sites Enrolled in VCP: As of June 2014, 914 sites were in active investigation, remediation, or monitoring stages of the program.
• Sites Completed under VCP: As of June 2014, 956 sites have completed the Voluntary Cleanup Program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants and loans are available to assist with brownfields reuse projects, http://www.dem.ri.gov/brownfields/financial/index.htm
Incentives
• Commerce Rl (Formerly Rl Economic Development Corporation): Enterprise Zone Business Tax Credit -
http://www.commerceri.com/documents/finance/incentives/State%20Enterprise%20Zones.pdf and
http://www.tax.ri.gov/regulations/other/cr03-07.php
• Rl General Law: http://www.rilin.state.ri.us/Statutes/TITLE42/42-64.3/INDEX.HTM
• Historic Preservation Investment Tax Credits -The Rhode Island Historic Preservation and Heritage Commission administers both the
federal and the state tax credit programs.
http://www.commerceri.com/documents/finance/incentives/Historic%20Homeowner%20Tax%20Credit.pdf and
http://www.preservation.ri.gov/credits/commstate.php
Liability Relief Provisions
Under state law, all parties responsible for contamination at a site [responsible parties (RP)] 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.
§ 23-19.14-7 Exemptions to liability. The following parties are not responsible parties and shall not be held liable for costs or damages
associated with a release of hazardous material and/or petroleum:
http://webserver.rilin.state.ri.us/Statutes/title23/23-19.14/23-19.14-7.HTM
Brownfields Redevelopment Authorities (or similar)
Commerce Rl, in coordination with RIDEM, administers a Brownfields Cleanup Revolving Loan Fund (RLF). Commerce Rl acts as the
financial program manager and RIDEM acts as the site manager. Sub-grants may be available to nonprofits and municipalities under the
RLF depending on remaining funding and whether loans are available to all interested parties.
http://www.dem.ri.qov/brownfields/financial/rlfdocuments.htm
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PROGRAM ELEMENTS
Methods/Standards/Controls
The Remediation Regulations were amended on November 9, 2011. The regulatory changes include the following: 1) Revised capping
requirements on arsenic-only sites; the standards for Residential and Industrial/Commercial Direct Exposure Criteria of 7.0 mg/kg remained
the same; 2) Environmental Land Usage Restriction (ELUR) requirements for some residential properties on arsenic only sites changed; and
3) Addition of Environmental Justice requirements with respect to Public Notices were added to Regulations for the first time.
http://www.dem.ri.gov/pubs/regs/regs/waste/remreg11 .pdf
Contaminants Covered
The Remediation Regulations are intended to regulate the investigation and remediation of contamination resulting from the unpermitted
Release of Hazardous Materials. Hazardous Materials are defined as "any material or combination or mixture of materials containing any
Hazardous Substance. Petroleum and polychlorinated biphenyls (PCBs) are also 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 is under the jurisdiction of the Rl Department of Health
(RIDOH) if it falls under the RIDOH definition of a "Regulated Facility."
Institutional Controls (1C)
Rhode Island supports the use of ELURs on properties when warranted. Annual ELUR compliance self-monitoring is required. In addition,
OEM's Office of Waste Management has been auditing a percentage of the properties that have ELURs since 2005. Benefits of ICs are that
more sites are being cleaned and reused. Community concerns are being addressed by mandatory public notice requirements at various
points during investigation and remedy selection and there are additional 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 annual
self-monitoring of the ELURs by property owners since approximately 1999.
The following Web address is a direct link to the state's Congressional mandated brownfields lists, which includes a list of sites remediated
during the last year and a list of sites expected to be remediated during the coming year.
http://www.dem.ri.gov/brownfields/documents/sitelist19.pdf and http://www.dem.ri.gov/brownfields/documents/sitelist20.pdf
The following link is a geographic information system (GIS) that maps sites, http://www.dem.ri.gov/maps/index.htm
PROGRAM HIGHLIGHTS
The Office of Waste Management finalized an Expedited Policy for the Remediation of Environmental Simple Sites (EXPRESS) to provide
Performing Parties and consultants with a means to work with the Office of Waste Management in streamlining the approval process at
brownfield sites through expedited technical reviews, presumptive remedies, and confirmation sampling protocols.
After the EXPRESS Policy was drafted, meetings were set up with Rl Society of Environmental Professionals (RISEP) to get feedback from the
regulated community. After that input was incorporated, a formal comment period was held for the public in the summer of 2013. The Office of
Waste Management received written comments from many interested parties, subsequently addressed any feedback, and finalized the Policy.
Under this new Policy:
• The Performing Parties are in constant contact with the Office of Waste Management staff beginning with a startup meeting within 7 days after
receipt of the EXPRESS Submission Package. This communication keeps the dialogue open and proactively deals with issues before or as
they occur.
• Several new areas of self-certification of information to reduce Office of Waste Management review times.
• Time saving measures including the combination of the Remedial Decision Letter (RDL) and the Remedial Approval Letter (RAL) into one letter.
• Total time through the process from initial notification to issuance of a RAL is 60 days.
OTHER LAND PROGRAMS
Underground Storage Tank Management Program Superfund and Department of Defense Program
http://www.dem.ri.gov/programs/benviron/waste/topictan.htm http://www.dem.ri.gov/programs/benviron/waste/topicffp.htm
Waste Management Facilities Program
http://www.dem.ri.gov/programs/benviron/waste/topicwfm.htm
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VERMONT
Brownfields Response Program
Vermont Department of Environmental Conservation (DEC)
1 National Life Drive - Davis 1
Montpelier, VT 05620-3704
http://www.anr.state.vt.us/dec/wastediv/SMS/brownfields-home.htm
Contact(s): George Desch, Division Director
qeorqe.desch@state.vt.us
802-760-8041
Patricia Coppolino, Chief
patricia.coppolino@state.vt.us
802-249-5822
Program Overview
Brownfields Program
Cost to Enter the Program: $500
Liability Relief Provisions
Tax Incentives
Environmental Insurance
PROGRAM
The Brownfields Reuse and Environmental Liability Limitation Act (BRELLA) or 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
innocent 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, www.anr.state.vt.us/dec/wastediv/SMS/brownfields-home.htm
• Funding Source(s) for the Program: 100% Federal Funds.
• Cost to enter program or fees for service: All applicants must pay a non-refundable application fee of $500.
• Sites Enrolled in in BRELLA: As of June 2014, there were 47 active projects enrolled in BRELLA.
• Sites Completed under BRELLA: As of June 2014, 18 projects had received Certificates of Completion (COC) through BRELLA.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to assist with brownfields reuse projects.
www.anr. state.vt.us/dec/wastediv/SMS/RCPP/Loans_Grants.htm
Incentives
• 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.
Liability Relief Provisions
The Environmental Liability Limitation Program provides participants with a COC upon implementation of a state-approved Corrective Action
Plan. The COC effectively releases the property owner from state liability, which release may only be rescinded in limited circumstances,
such as fraud or hazardous material releases which occur subsequent to the cleanup.
http://www.anr.state.vt.us/dec/wastediv/SMS/RCPP/Liability-Limitation.htm
Environmental Insurance
The Brownfields Revitalization Fund can provide grants or loans to assist with the purchase of environmental insurance in connection with
implementation of a state-approved work plan.
Brownfields Redevelopment Authorities (or similar)
Economic Development: The Brownfields Initiative combines the economic development expertise of the Agency of Commerce and
Community Development (ACCD) with the environmental experience of the Agency of Natural Resources (ANR).
http://accd.vermont.gov/business/relocate expand/capital/brownfields
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PROGRAM ELEMENTS
Methods/Standards/Controls
Cleanup standards/screening values are set in State Rules or guidance documents. Ground water standards are located in the Vermont
Groundwater Rule; Surface Water Standards are the Vermont Surface Water Quality Standards. Soil, sediments and indoor air/soil gas
values are located within the Investigation and Remediation of Contaminated Properties document.
Risk assessment at sites is allowed using the EPA Risk Assessment Guidance (RAG) and will need approval from the Vermont Department
of Health. http://www.anr.state.vt.us/dec/wastediv/SMS/pubs/IROCP.pdf
Contaminants Covered
Volatile Organic Compounds (VOC), semi-VOCs, metals, polychlorinated biphenyls (PCBs), asbestos releases not associated with building
materials.
The Department of Health has jurisdiction on lead and asbestos abatement. The Agency of Agriculture has jurisdiction over pesticides
Institutional Controls (1C)
1C Tracking, Oversight, and Monitoring: Annual reporting/monitoring is required for sites with an 1C.
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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.anr.state.vt.us/dec/wastediv/SMS/hazsites.htm
PROGRAM HIGHLIGHTS
Surrounded by natural beauty, the former Vermont Tissue South property is located in the rural town of Bennington. Just three miles from the
downtown and adjacent to Bennington College, this former mill sits on the north bank of the Walloomsac River. Its location was ideal for bringing
a greater amount of cheaper renewable energy to the area while also cleaning up contaminated land. Since 1877, the Vermont Tissue Paper
Corporation operated a paper manufacturing and processing facility until it was abandoned in 1986. Over the years, there was unauthorized
dumping on the site. The Vermont Department of Environmental Conservation (DEC) used Section 128(a) Response Program funding to oversee
assessment activities that revealed polychlorinated biphenyls (PCBs), dioxins, furans, and polycyclic aromatic hydrocarbons (PAHs) in soil,
concrete, and plumbing. After the property was cleaned up, the historic mill building was repurposed into residential units and a hydroelectric
facility was developed on the property. A man-made concrete dam will house two energy-generating turbines and a secondary bedrock dam
addresses environmental concerns related to fish migration pathways, water oxygenation, and water temperature. In addition, DEC, through
community action, cleaned up the property and transformed it into a public open space. Other benefits include the preservation of a historic
building and ecological improvements that have enhanced habitat functioning of the Walloomsac River.
OTHER LAND PROGRAMS
Sites Management Program
http://www.anr.state.vt.us/dec/wastediv/SMS/sites management section.htm
Hazardous Waste Management Program
http://www.anr.state.vt.us/dec/wastediv/rcra/rcrahome.htm
Underground Storage Tanks Program
http://www.anr.state.vt.us/dec/wastediv/ust/home.htm
Solid Waste Management Program
http://www.anr.state.vt.us/dec/wastediv/solid/home.htm
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EPA REGION 2
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NEW JERSEY
Brownfield Development Area (BDA) Initiative
New Jersey Department of Environmental Protection
(NJDEP) Office of Brownfield Reuse
401 East State Street, 5th Floor
P.O. Box 420, Mail Code 401-05K
Trenton, NJ 08625-0420
http ://www. nj. gov/dep/srp/
Contact(s): Tim Bartle, Chief
timothy.bartle@dep. state, nj. us
609-984-1790
Program Overview
Brownfields Program
Cost to Enter the Program: Annual fees and
Remediation Permit fees
Liability Relief Provisions
Brownfield Reimbursement Program
Hazardous Discharge Site Remediation Fund
Economic and Redevelopment Growth Program
PROGRAM
In October 2002, the Office of Brownfield Reuse (OBR) was created to serve as the focal point for the New Jersey Department of Environmental
Protection's (NJDEP) brownfields program. OBR is charged with coordinating remediation and reuse efforts at specific brownfields and piloting
innovative approaches to expedite the revitalization process. Under the Brownfield Development Area (BDA) Initiative, OBR works with selected
communities affected by multiple brownfields to design and implement remediation and reuse plans for these properties simultaneously.
http://www.nj.gov/dep/srp/brownfields/
May 7, 2012 marked the full implementation date for the Site Remediation Reform Act and the supporting Administrative Requirements for
the Remediation of Contaminated Sites. These initiatives improve the quality and speed of site remediation activities through the installation
of a Licensed Site Remediation Professional program. Environmental professionals in New Jersey must be experienced and pass a rigorous
examination and licensing procedure in order to manage the remediation of brownfields. In return, they assume the authority to document the
completion of remediation activities through the issuance of a Remedial Action Outcome letter, replacing the former state-issued No Further
Action letter. Additional information is found at http://www.state.nj.us/dep/srp/.
• Funding Source(s) for the Program: Federal grants, fees, and state general fund.
• Cost to enter program or fees for service: No fee to enter BDA program. Annual remediation fee calculated by evaluating the number of
areas of concerns (AOC) and affected environmental receptors at each site and fixed fees for certain activities and programs, and calculated
fees based on hourly rate for any oversight.
• Sites Enrolled in BDA Program: As of June 2014, there are 31 BDAs with 339 sites.
• Sites Completed under BDA Program: Prior to May 7, 2012, OBR issued 6 No Further Action (NFA) determinations indicating that
remediation was complete. Since May 7, 2012, site closure is documented through the issuance of a Remedial Action Outcome letter, issued by
a Licensed Site Remediation Professional. No Remedial Action Outcome letters have been issued for BDA sites under this new program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Municipalities may apply for remediation grants and loans up to $5 million per year for investigation and cleanup activities from the Hazardous
Discharge Site Remediation Fund. Funding for this program is derived from state Corporate Business Tax revenue. The availability of this
funding has been greatly reduced by increased demand and reduced Corporate Business Tax revenue, http://www.nj.gov/dep/srp/finance/hdsrf/
Incentives
• Brownfield Reimbursement Program administered by the NJ Department of Treasury and the NJ Economic Development Authority
reimburses up to 75% of remediation costs based on specific new taxes that are generated from a redevelopment project.
http://www.nj.gov/dep/srp/brownfields/bf reimbursement.htm
• Economic and Redevelopment Growth Program provides grants to eligible developers/owners of up to 75% of the incremental increase in
approved state revenues that are directly realized from the businesses operating in the redevelopment project premises. These funds are
used to reimburse remediation and development costs, http://www.njeda.com/erg
• 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.
Liability Relief Provisions
The New Jersey Site Remediation Reform Act (SRRA) established statutory liability relief for certain parties undertaking brownfields projects.
http://www.nj.gov/dep/srp/brownfields/site reuse.htm
Brownfields Redevelopment Authorities (or similar)
The Brownfields Redevelopment Interagency Team (BRIT) is made up of representatives of numerous state agencies and introduces projects
to all affected state agencies and departments. The BRIT enables and facilitates dialogue among the state, the municipality and the developer.
This dialogue assists in identifying opportunities and obstacles, as well as applicable financial and technical assistance, early on in the
planning process of a project so they may be addressed with minimal impact, http://www.nj.gov/state/planning/brownfields-task-force.html
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PROGRAM ELEMENTS
Methods/Standards/Controls
The 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. Deed Notices,
another institutional control, are applied to sites where soil contamination above unrestricted use standard(s) remain onsite after
remediation activities are complete.
Contaminants Covered
All hazardous substances on adopted list pursuant to Section 4 of PL. 1983, c. 315 (NJSA 34:5A-4), including petroleum.
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. NJDEP uses a formal permit system to track the maintenance of institutional and engineering controls. Part of this
permitting system includes annual permit maintenance fees and the submission of a biennial certification to report on the status of the
controls' effectiveness. NJDEP inspection is required every five years.
• 1C Tracking: NJDEP issues post-remediation Remedial Action permits to track those cases that have used engineering and ICs. These
permits are monitored to ensure that inspection and reporting obligations are met and the biennial certifications are submitted.
• 1C Oversight and Monitoring: reviews all biennial certifications to ensure that the remedy remains 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. NJDEP is required to inspect engineering controls at least once 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.nj.gov/dep/srp/kcsnj.
Institutional and engineering controls are mapped on the NJDEP geographic information system, available to the public at
http://www.nj.gov/dep/gis/newmapping.htm. Areas of historic fill are mapped on and made available at
http://www.state.nj.us/dep/njgs/geodata/dgs04-7.htm.
PROGRAM HIGHLIGHTS
The City of Woodbridge has partnered with NJDEP/OBR to remediate/redevelop
several of its brownfield sites. Once these sites are remediated, they will be
redeveloped for reuse as passive open-space/recreation, to expand/relocate existing
businesses, attract new businesses, create an eco-park, and build a power plant.
One of the projects in the construction phase is the $845 million Woodbridge Energy
Center. This 700-megawatt natural gas-fueled facility is expected to open by early
2016 and generate enough electricity to power 700,000 homes, reduce the state's
reliance on imported energy, reduce energy costs for residences and businesses,
create over 500 construction jobs, generate $3.5 million in ratables, create 25
permanent jobs with a payroll of $50 million, and remediate/redevelop a former
chemical manufacturing site that has sat vacant and contaminated for decades.
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http ://www. nj. gov/dep/srp/bust/
Unregulated Heating Oil Tank Program
http://www.nj.gov/dep/srp/unregulatedtanks/
Industrial Site Recovery Act (ISRA)
http://www.nj.gov/dep/srp/isra/
Superfund Program
http://www.ni.aov/dep/srp/superfund/
Ground breaking ceremony at the Woodbridge Energy Center.
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NEW YORK
Brownfield Cleanup Program (BCP)
New York State Department of Environmental Conservation (DEC)
Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7011
http://www.dec.ny.qov/chemical/brownfields.html
(DEC Environmental Cleanup and Brownfield Page)
http://www.dec.ny.qov/about/627.html
(Information on DEC'S Division of Environmental Remediation)
Contact(s): derweb@qw.dec.state.ny.us
518-402-9764
Central Office and Regional Contacts:
http://www.dec.nv.qov/about/776.html
Program Overview
Brownfield Cleanup Program
Cost to Participate in the Program:
Reimbursement of State Oversight Costs
Tax Credits for Site Preparation
and Cleanup, Redevelopment, and
Environmental Insurance
Liability Relief Provisions
PROGRAM
The goal of the Brownfield Cleanup Program (BCP) is to enhance private-sector cleanups of brownfields and to reduce development pressure
on "greenfields." A brownfield site is any real property, the redevelopment or reuse of which may be complicated by the presence or potential
presence of a contaminant, http://www.dec.ny.gov/chemical/8450.html
• Funding Source(s) for the Program: State funds, as well as federal grants.
• Cost to enter program or fees for service: There are no fees associated with the BCP application process. However, state oversight costs
are reimbursed by the party cleaning up the site. Responsible parties also pay past state remedial costs.
• Sites Enrolled in BCP: As of June 2014, DEC approved 523 applications for participation in the BCP.
• Sites Completed under BCP: As of June 2014, DEC has issued 155 Certificates of Completion (COC) for BCP sites since the program's
inception.
FINANCIAL ELEMENTS
Investigation and remediation are carried out under state oversight. Once remediation is completed, DEC issues a COC, which entitles the
BCP party to a state liability limitation (with standard reservations) and to claim various tax credits.
Incentives
http://www.dec.ny.gov/chemical/8450.html (DEC's main BCP webpage)
http://www.tax.ny.gov/pdf/publications/multi/pub300.pdf (New York State Department of Taxation and Finance's publication New York State
Tax Credits Available for Remediated Brownfields)
Liability Relief Provisions
http://www.dec.ny.gov/regs/4372.htmltt15095 (BCP COCs)
PROGRAM ELEMENTS
Methods/Standards/Controls
Cleanups under the BCP must be protective of public 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 modified
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. Post cleanup, the remedial party submits periodic certifications that confirm that the required institutional
and/or engineering controls are in place and effective, http://www.dec.ny.gov/regs/4372.htmltt15096 (BCP Remedial Program)
Contaminants Covered
Hazardous waste (including hazardous substances) and petroleum contaminants are eligible under the BCP.
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Institutional Controls (1C)
ICs and/or engineering controls are utilized in the BCR Environmental easements are required for sites that rely upon one or more
institutional and/or engineering controls. The required controls, as well as operation, maintenance and/or monitoring requirements, are set
forth in each site's Site Management Plan (SMP).
• 1C Tracking: DEC tracks all institutional and engineering controls, and municipalities have a statutory obligation to coordinate with DEC
regarding any permit or authorization if a site has an environmental easement.
• 1C Oversight: DEC reviews and approves all aspects of the cleanup, including institutional and engineering controls.
• 1C Monitoring: DEC monitors institutional and engineering controls. Post cleanup, the remedial party submits periodic certifications that
confirm that the controls are in place and effective.
General Websites
The following websites provide additional information on the BCP as well as other DER Remedial Programs:
http://www.dec.ny.gov/regulations/2393.html (Remediation Guidance and Policy Documents, including State Regulation)
http://www.dec.ny.gov/chemical/48236.html (Finalizing Remedial Projects)
http://www.dec.ny.gov/chemical/61092.html (Contaminated Sites)
Remedial Site Database
DEC offers access to site information in the state's remedial programs and spill database in a searchable format.
http://www.dec.ny.gov/chemical/8437.html (DEC's Environmental Site Database Search)
PROGRAM HIGHLIGHTS
By providing cleanup oversight, liability relief, and tax credits for cleanup and redevelopment, the
Brownfield Cleanup Program—a Section 128(a) Response Program grantee—was instrumental in
this site's transformation. The Twin Rivers Common site in Binghamton, NY, is a former manufactured
gas plant (MGP) that operated in the late 1800s. After MGP operations ceased, the site was occupied
by a number of companies performing various industrial and commercial operations, including: a
lumber yard and carpentry shop, a truck company, a gas station, a used car lot, and a service center.
Prior to remediation, the primary contaminants of concern in the soil included benzene, xylene, lead,
and polycyclic aromatic hydrocarbons (PAHs). Groundwater in two on-site wells contained several
chlorinated solvents, benzene, toluene, xylene, PCBs, barium, arsenic, and several PAHs above
groundwater criteria. Site remediation involved the excavation of MGP waste and contaminated soils.
13,400 cubic yards (21,770 tons) of construction and demolition debris and soils were transported
for off-site disposal. The site has been redeveloped into a student housing project called "Twin River
Commons." The project is considered a central part of Binghamton's ongoing renewal, attracting Twin River Commons, site of a
students from local universities to live and socialize downtown and supporting local businesses. former Manufactured Gas Plant, is
now a student housing complex in
_ downtown Binghamton
LAND PROGRAMS ADMINISTERED BY OTHER STATE AGENCIES
Brownfield Opportunity Areas (BOA) Program, administered by New York State Department of State -The BOA Program provides technical and
financial assistance to municipalities and community-based organizations to conduct area-wide redevelopment planning and assessments on
strategic brownfield sites. http://www.dos.ny.gov/communitieswaterfronts/grantOpportunities/boagrants.html
OTHER VOLUNTARY RESPONSE PROGRAMS
Environmental Restoration Program - The Environmental Restoration Program provides grants to municipalities to reimburse up to 90% of
onsite eligible costs and up to 100% of off-site eligible costs for site investigation and remediation activities. Applications are not being accepted
at this time due to a lack of funding, http://www.dec.ny.gov/chemical/8444.html
Enforcement Programs
Spill Response Program-The purpose of the Spill Response Program is to protect public health and the environment by ensuring a timely and
appropriate response to unauthorized spills and discharges of contaminants, http://www.dec.ny.gov/chemical/8428.html
Superfund Program -The mission of the state Superfund Program is to identify and characterize suspected inactive hazardous waste disposal
sites (sites) and to investigate and remediate those sites that have consequential amounts of hazardous waste which pose a significant threat to
public health and the environment, http://www.dec.ny.gov/chemical/8439.html
Hazardous Waste Management Program- Under the Hazardous Waste Management Program, the state regulates all aspects of hazardous
waste management, including: generators, transporters and treatment, storage and disposal facilities.
http://www.dec.nv.qov/chemical/8486.html
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PUERTO RICO
Program Overview
Puerto Rico Environmental Quality Board (PREQB)
Property Redevelopment and Voluntary Cleanup
Program (PRVCP)
Brownfields Program
P.O. Box11488 • Cost to Enter the Program: N/A
San Juan, Puerto Rico 00910)
http://www.jca.gobierno.pr
Contact(s): Pascual E. Velazquez Garcfa
pascualvelazquez@jca.gobierno.pr
787-767-8181 ext. 3234 or 3236
PROGRAM
In 2000, Puerto Rico began the development of the Property Redevelopment and Voluntary Cleanup Program (PRVCP) under a state assistant
grant from EPA. The establishment of the PRVCP will facilitate the cleanup and/or redevelopment of brownfields within the island. Incentives
for participation in the program will include liability relief for prospective purchasers and lenders, cleanup certification, Memorandum of
Understanding between PREQB and EPA, and agreements between interested parties.
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: PREQB will establish a reasonable cost to enter into the PRVCP.
• Sites Enrolled in VCP: N/A.
• Sites Completed under VCP: N/A.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
N/A
Incentives
PREQB is evaluating tax incentives to be used in the PRVCP.
Liability Relief Provisions
PREQB has the authority to issue cleanup letters and completion letters.
PROGRAM ELEMENTS
Methods/Standards/Controls
PREQB is developing the procedures and methods to be used in the PRVCP. A list of Cleanup Standards has been already developed to
serve as the criteria to be achieved when remediating a site.
Contaminants Covered
PREQB developed a list of chemicals of concern to be addressed under the PRVCP.
Institutional Controls (1C)
N/A.
PROGRAM HIGHLIGHTS
The Puerto Rico Environmental Quality Board (EQB) is using Section 128(a) Response Program funding to establish a Voluntary Cleanup
Program (VCP). The EQB continues to make progress toward the VCP by focusing on the identification, redevelopment, revitalization, and
cleanup of brownfields in Puerto Rico. One of the initial tasks performed under the cooperative agreement was the development of a brownfields
inventory. To streamline the efforts needed to complete the inventory, EQB reached out to the 15 municipalities in Puerto Rico that currently
have EPA Brownfields Community-wide Assessment Cooperative Agreements to request copies of their completed brownfields inventories. The
EQB used these examples to develop an electronic state-wide brownfields inventory to provide valuable site information to the EQB and other
government entities.
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VIRGIN ISLANDS
Virgin Island Voluntary Response Program (VIVRP) and Brownfields Program
Virgin Islands Division of Environmental Protection Department of Planning &
Natural Resources (DPNR)
45 Mars Hills
Frederiksted, VI 00841
http://dpnr.qov.vi/
Contact(s): Dr. Clanicia Pelle
clanicia.pelle@dpnr.qov.vi
340-773-1082
Program Overview
Brownfields Program
Cost to Enter the Program:
$5,000 or one percent of the
actual costs of remediation
PROGRAM
To operate and expand its brownfields program, the Virgin Islands continue to make progress to establish a Voluntary Cleanup Program (VCP),
which will address the cleanup and/or redevelopment of brownfields within the Virgin Islands (VI). The VCP will be designed to return brownfields
to a useable condition. Cleanup will be performed under a memorandum of agreement between the Department of Planning and Natural
Resources-Division of Environmental Protection (DPNR-DEP) and the participant.
• Funding Source(s) for the Program: Federal grants.
• 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.
• Sites Enrolled in VCP: N/A.
• Sites Completed under VCP: N/A.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
N/A
Incentives
As a part of the VRP development, the Commission may provide tax credits or benefits for cleanup and redevelopment activities.
Liability Relief Provisions
N/A.
PROGRAM ELEMENTS
Methods/Standards/Controls
PREQB is developing the procedures, cleanup standards, and methods to be used in the PRVCP.
Contaminants Covered
All sites that meet the definition of a "brownfield" as defined in Section 553-1 (e) of the VIVRP Rules and Regulations are eligible for
participation in the VIVRP.
Institutional Controls (1C)
Land use controls, including ICs, can be used in conjunction with remediation in the VIVRP.
PROGRAM HIGHLIGHTS
To operate and expand its brownfields program, the Virgin Islands (VI) continue to make progress to establish a Voluntary Cleanup Program
(VCP), which will address the cleanup and/or redevelopment of brownfield sites within the VI. The VCP will be designed to return brownfield
sites to useable condition. Cleanup will be performed under a memorandum of agreement between the Department of Planning and Natural
Resources-Division of Environmental Protection (DPNR-DEP) and the participant. Following the enactment of the VI Brownfield Revitalization
and Environmental Restoration Act in 2008, the program is finalizing the signatures for the promulgation of its final drafted rules and regulations.
DPNR-DEP used its Section 128(a) Response Program funding to inventory 141 sites and assess 20. Currently, the program is seeking a
professional services contractor to assist the division with conducting Phase I assessments.
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EPA REGION 3
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DELAWARE
Voluntary Cleanup Program (VCP) and
Brownfields Development Program (BDP)
Delaware Department of Natural Resources and
Environmental Control (DNREC)
Division of Air and Waste Management
Site Investigation and Restoration Branch
391 Lukens Drive
Newcastle, DE 19720-4801
http://www.awm.delaware.gov/
Contact(s): James Poling
james.polinq@state.de.us
302-395-2600
Program Overview
Brownfields Program
Cost to Enter the Program: Oversight fees
MOA with EPA Region 3 (August 1997)
Liability Relief Provisions
Tax Incentives
Brownfields Advisory Committee (BAG)
PROGRAM
In 1990, Delaware enacted its Hazardous Substance Cleanup Act (HSCA) to deal with sites potentially contaminated with hazardous substance
releases in the state that will not be addressed under the federal Superfund Program. Three major programs are administered under the HSCA.
They are the Voluntary Cleanup Program (VCP), the Brownfields Development Program (BDP), and the HSCA Enforcement Program.
http://www.awm.delaware.gov/SIRB/Pages/Voluntary Cleanup Program.aspx
http://www.dnrec.delaware.gov/dwhs/SIRB/Pages/Brownfields.aspx
http://www.awm.delaware.gov/SIRB/Pages/SIRB HSCA program.aspx
• Funding Source(s) for the Program: The majority of funding for administrative and staff costs come from the federal grants (10%) and the
Hazardous Substances Cleanup Act Fund (HSCAF) (90%).
• Cost to enter program or fees for service: There is no cost to enter into the BDP and the VCP. There are oversight costs for investigative
or remedial activities for DNREC staff time. 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.
• Sites Enrolled in VCP: As of June 2014, there are 183 sites in the VCP and 166 sites in the BDP.
• Sites Completed under VCP: As of June 2014, 138 sites have been completed under the VCP and the BDP.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans and technical assistance are available to assist with brownfields reuse projects.
http://www.awm.delaware.gov/SIRB/Pages/SIRBLoansGrants.aspx
Incentives
• 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 brownfields.
About 700 sites have been identified for inclusion in the program, with cleanup underway at 96.
• Brownfields Matching Grants offered by the Delaware Economic Development Office (DEDO) provide up to $100,000 in matching grants.
Liability Relief Provisions
The BDP offers complete liability protection for existing contamination to qualified brownfields 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.
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Brownfields Redevelopment Authorities (or similar)
The Brownfields Advisory Committee (BAG) represents the public and community interest in Delaware's Brownfield Program by providing
advice and assistance to DNREC's Division of Waste and Hazardous Substances (WHS). The BAG is composed of consultants, developers,
local business men and women, and representatives from the Division of WHS. http://www.awm.delaware.gov/BAC/Pages/BACPortal.aspx
PROGRAM 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
Hazardous substances as defined in HSCA are covered. In addition, petroleum contamination is covered on brownfields; asbestos and lead
paint contamination are covered if found in the soil and surveys for each are allowable reimbursable costs.
Institutional Controls (IC)/Long Term Stewardship (ITS)
ICs/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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.dnrec.delaware.gov/dwhs/sirb/Documents/Certified%20BF%20List.pdf
PROGRAM HIGHLIGHTS
A new Habitat for Humanity project is set to replace a brownfield at the intersection of 14th and Walnut Street in Wilmington. DNREC used
Section 128(a) Response Program funding to conduct environmental assessment activities to investigate hazardous substances as a result of
the historic commercial and light industrial use and historic fill materials on the property. The site sampling was completed and the final report
summarizing the results of the investigation was submitted to U.S. Environmental Protection Agency (EPA) Region 3 in January 2014. The results
indicated that additional soil and groundwater investigation will be necessary at the property. This additional investigation will take place under
the Delaware Brownfields program to further delineate, and possibly remediate, the property prior to it being redeveloped into affordable housing
for the City of Wilmington.
OTHER LAND PROGRAMS
Tanks Management Section (TMS)
http://www.dnrec.delaware.gov/tanks/Pages/default.aspx
Superfund Program
http://www.nav.dnrec.delaware.gov/DEN3/
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DISTRICT OF COLUMBIA
Voluntary Cleanup Program (VCP)
District of Columbia Department of the Environment
1200 First St., NE, 5th Floor
Washington, DC 20002
http://www.ddoe.dc.gov
Contact(s): James Sweeney
james.sweeney@dc.gov
202-535-2289
Program Overview
Brownfields Program
Cost to Enter the Program: $10,000
Liability Relief Provisions
Possible Tax Incentives
PROGRAM
On June 15, 2001, the Brownfield Revitalization Amendment Act of 2000 became effective. The Act established the Voluntary Cleanup Program
(VCP) and 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. As of June 2014, the tax incentive portion of the Act
had not yet been implemented.
In late 2010, amendments to the Brownfield Revitalization Act were enacted which authorize the District to establish a program for responding
to releases of hazardous substances. This Superfund-type program is currently under development, including the drafting of regulations to
implement the program, http://www.ddoe.dc.gov
• Funding Source(s) for the Program: Appropriated funds and federal brownfields grants.
• Cost to enter program or fees for service: The application fee to enter the District's VCP is $10,000.
• Sites Enrolled in VCP: As of June 2014, 27 sites are enrolled in the program.
• Sites Completed under VCP: As of June 2014, 14 sites have been completed since the program's inception.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
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.
Incentives
The District is currently analyzing the costs and benefits of implementing the tax incentive portion of the Brownfield Revitalization Act.
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.
PROGRAM ELEMENTS
Methods/Standards/Controls
The District is developing hazardous substance cleanup standards. The District 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 federal Regional
Screening Levels (RSL). For petroleum related contaminants DDOE uses the District's Leaking Underground Storage Tank (LUST) program
standards.
Institutional Controls (1C)
The Brownfield Revitalization Amendment Act of 2000 authorizes DDOE 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. IC-related activities under DDOE may include the following.
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• 1C Tracking: The Brownfield Revitalization Amendment Act of 2000 authorizes DDOE to create an 1C tracking process.
• 1C Oversight: The Brownfield Revitalization Amendment Act of 2000 authorizes DDOE to create an 1C oversight process.
• 1C Monitoring: The Brownfield Revitalization Amendment Act of 2000 authorizes DDOE to create an 1C 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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://www.ddoe.dc.gov
PROGRAM HIGHLIGHTS
The Capital Area Food Bank (CAFB) serves as the central supplier for more than 700 food pantries and nonprofits assisting more than 680,000
people in the D.C. area, distributing up to 33 million pounds of food per year. In order to address a growing hunger crisis, CAFB was in need of a
larger facility. A site was found at 4900 Puerto Rico Avenue, NE. The site was contaminated with petroleum hydrocarbons and metals in soil and
ground water. With oversight from DDOE's VCP, an existing warehouse was demolished, the site was remediated, and a new 123,000-square-
foot facility was constructed that doubled the food bank's current storage space and increased its freezer and refrigerator capacity. CAFB opened
its new facility on July 31, 2012.
,B
ice ICC
Before: Old Warehouse
After: New Facility
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) and Leaking Underground Storage Tanks (LUST) Program
http://www.ddoe.dc.gov
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lARYLAND
Brownfields Redevelopment Initiative
Voluntary Cleanup Program (VCP)
Maryland Department of the Environment (MDE)
1800 Washington Boulevard, Suite 625
Baltimore, MD 21230-1719
http://www.mde.state.md.us/Paqes/Home.aspx/
Contact(s): James Carroll
James.Carroll@Maryland.gov
410-537-3459
Program Overview
Brownfields Program
Cost to Enter the Program: $6,000
MOA with EPA Region 3 (February 1997)
Liability Relief Provisions
Tax incentives
PROGRAM
The Brownfields Revitalization Incentive Program was established in February 1997 as part of Maryland's Smart Growth policy. This program
is intended to promote economic development, especially in distressed urban areas, by identifying and redeploying underutilized properties.
Reusing real property makes efficient use of existing infrastructure while providing an alternative to developing open space that contributes to
urban sprawl.
http://mde.maryland.gov/programs/Land/MarylandBrownfieldVCP/Pages/programs/landprograms/errp brownfields/default.aspx
Established by the state legislature in 1997, Maryland's Voluntary Cleanup Program (VCP) is administered by the Maryland Department of the
Environment (MDE) Land Management Administration's (LMA) Land Restoration Program (LRP) to provide state oversight for voluntary cleanups
of properties contaminated with hazardous substances
http://mde.maryland.gov/programs/Land/MarylandBrownfieldVCP/MDVCPInformation/Pages/programs/landprograms/errp brownfields/vcp info/
index.aspx
• Funding Source(s) for the Program: State general fund (10%), the state cleanup fund (10%), and federal grants (80%).
• Cost to enter program or fees for service: An initial fee of $6,000 is collected from the first participant and all subsequent applications pay
a $2,000 fee.
• Sites Enrolled in VCP: As of June 2014, 590 have been accepted into the VCP.
• Sites Completed under VCP: As of June 2014, 418 sites have received either a No Further Requirements Determination or a Certificate of
Completion (COC).
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to assist with brownfields reuse projects.
http://www.mde.maryland.gov/programs/Land/MarylandBrownfieldVCP/Pages/programs/landprograms/errp brownfields/bf info/bffunding.
Incentives
Tax credits may be extended to 10 years in designated Enterprise Zones (EZ); incentive available in jurisdictions which agree to contribute
30% of the increase to the state's Brownfields Revitalization Incentive Fund.
Liability Relief Provisions
• VCP offers COCs 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 designations, 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.
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PROGRAM 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 maximum contaminant levels (MCLs); and other federal/state standards. Site-specific risk assessments follow
a Risk-Based Corrective Action (RBCA)-like process.
http://www.mde.maryland.gov/programs/Land/MarylandBrownfieldVCP/Pages/programs/landprograms/errp brownfields/forms/index.aspx
Contaminants Covered
Polychlorinated biphenyls (PCBs) and oil (as of October 1, 2004) are covered; other contaminants accepted conditionally—petroleum
(not exclusively, but along with other contaminants); and paint and asbestos (as long as they comply with all other applicable laws and
regulations).
Institutional Controls (1C)
ICs are allowed and are included in the No Further Requirements Determination (NFRD) or COC. The state notes that ICs "probably have
resulted in more cleanups and more properties reused" and "also have probably lowered the cost of cleanups.
• 1C Tracking: Institutional Controls/Land Use Controls (IC/LUCs) 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 Geographic Information System (GlS)-based website to ensure that sites with IC/LUCs are readily available to
the general public.
• 1C Oversight: When the VCP issues NFRDs or COCs with LUCs, the enforcement of the IC/LUC 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.mde.maryland.gov/programs/Land/MarylandBrownfieldVCP/mapping/Pages/programs/landprograms/errp brownfields/mapping/
index.aspx
PROGRAM HIGHLIGHTS
The MDE LRP used Section 128(a) Response Program funding to make advances to its CIS website. The previous website was limited in
its functionality and was not adequately serving internal and external end-users' needs. The initial phase of upgrades to the website included
streamlining the data structure to allow for a more user-friendly public website and data entry portal for LRP staff. The software employed
in the upgrade is consistent with Governor O'Malley's iMap initiative to reduce reprogramming costs. This approach allows for the cohesive
development of a public mapping site that can integrate important programmatic elements. Once the baseline mapping site is functional, LRP
plans to integrate the public mapping site data directly into Maryland iMap and develop the associated Web-based mapping system such that
real-time data can be available to the public through Maryland iMap.
OTHER LAND PROGRAMS
Oil Pollution and Tank Management Programs
http://www.mde.state.md.us/programs/Land/OilControl/Pages/programs/landprograms/oil control/index.aspx
Hazardous Waste Program
http://www.mde.maryland.gov/programs/Land/HazardousWaste/HazardousWasteHome/Pages/programs/landprograms/hazardous waste/home/
index.aspx
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PENNSYLVANIA
Land Recycling and Cleanup Program
Pennsylvania Department of Environmental Protection (DEP)
P.O. Box 8471
Harrisburg, PA 17105-8471
http://www.depweb.state.pa.us
(click on "Environmental Cleanup & Brownfields" on the toolbar)
Contact(s): Troy Conrad
tconrad@pa.gov
717-783-7816
Program Overview
Brownfields Program
Cost to Enter the Program: Fees for services
MOA with EPA Region 3 (April 2004)
Liability Relief Provisions
Brownfields Reimbursement Program
Brownfields Development Area (BDA) Initiative
PROGRAM
Pennsylvania's Land Recycling Program (Voluntary Cleanup Program), familiarly known as Act 2, encourages the voluntary cleanup and reuse of
contaminated commercial and industrial sites. The Land Recycling Program (LRP) is built on four cornerstones that break down redevelopment
obstacles: uniform cleanup standards; liability relief; standardized reviews and time limits; and financial assistance.
http://www.portal.state.pa.us/portal/server.pt/community/land recycling program/20541
• Funding Source(s) for the Program: State cleanup fund provides primary source of administrative costs and it is supplemented through
CERCLA128(a) funding.
• Cost 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 Special Industrial Areas (SIA) reports; not required for regulated tank cleanups.
• Sites Enrolled in VCP: As of June 2014, 1,138 sites are currently enrolled in the program.
• Sites Completed under VCP: As of June 2014, 4,956 sites have been completed under the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to assist with brownfields reuse projects. These resources can be
accessed on DEP's website: http://www.ahs.dep.pa.gov/GrantsCenter/
DEP works in conjunction with the Department of Community and Economic Development (DCED) http://www.newpa.com/find-and-
apply-for-funding/ who offer an array of different funding programs, grants, loans, tax credits, and other incentives to help businesses,
communities, and municipalities succeed in Pennsylvania. A few of the key programs applicable to brownfield redevelopment are
• Industrial Sites Reuse Program
http://www.newpa.com/find-and-apply-for-funding/funding-and-program-finder/industrial-sites-reuse-program-isrp
• Infrastructure Development Program
http://www.newpa.com/find-and-apply-for-funding/funding-and-program-finder/infrastructure-development-program-idp
• Business in Our Sites
http://www.newpa.com/find-and-apply-for-funding/funding-and-program-finder/business-our-sites-bos-loans
Incentives
• 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).
http://www.newpa.com/find-and-apply-for-funding/funding-and-program-finder/job-creation-tax-credits-jctc
• Brownfield Tax Incentive
http://www.portal.state.pa.us/portal/server.pt/community/brownfield redevelopment/20540/brownfield tax incentive/1096759
• Keystone Special Development Zone - An incentive-based tax credit program designed to foster redevelopment of former industrial and
commercial sites in designated geographic zones. Businesses that provide job-creating economic development opportunities through
the expansion of existing operations or the relocation of operations to the Commonwealth of Pennsylvania may be eligible for tax credits
under this program.
http://www.newpa.com/find-and-apply-for-funding/funding-and-program-finder/keystone-special-development-zone-ksdz
• PennVEST - a low-interest loan program to help reduce or eliminate water quality threats at industrial and commercial properties, http://
www.pennvest.state.pa.us/portal/server.pt/communitv/fundinq proqrams/9322/non-point source projects/541851
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Liability Relief Provisions
• Program offers relief from liability for approved cleanups and potentially responsible parties (PRP) 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 LRP may
also satisfy requirements under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Resource
Conservation and Recovery Act (RCRA), or Toxic Substances Control Act (TSCA). This was the first One Cleanup Program MOA
negotiated with EPA in the nation.
PROGRAM ELEMENTS
Methods/Standards/Controls
The Cleanup Standards Scientific Advisory Board assists DEP in developing cleanup standards and identifying appropriate statistical and
scientific procedures. The Board consists of members with knowledge in the fields of geology, engineering, public health, toxicology, risk
assessment, and environmental law.
http://www.portal.state.pa.us/portal/server.pt/community/cleanup standards scientific advisory board/21545
Contaminants Covered
Act 2 establishes environmental remediation standards to provide a uniform framework for cleanups. The standards established under Act
2 are used for most voluntary and mandatory cleanups conducted in Pennsylvania. The three types of cleanups are background, statewide
health, and site-specific.
The remediator selects which cleanup standard is best suited for their remediation project. The statewide health standards are provided at
the following link. http://www.portal.state.pa.us/portal/server.pt/community/standards%2C guidance and procedures/21543/statewide
health_standards/1034862
Institutional Controls (1C)
In late 2007, Act 68, the Uniform Environmental Covenants Act (UECA), was signed 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 1C is used to demonstrate the attainment of an Act 2 remediation standard for any
cleanup conducted under an applicable Pennsylvania environmental law.
http://www.portal.state.pa.us/portal/server.pt/community/uniform environmental covenants act/21547
• 1C Tracking: Environmental covenants created under the law will be recorded in county land records and in the PA AUL registry.
• 1C Oversight and Monitoring: The environmental covenants will be binding and enforceable on successive owners overtime.
• PA Activity and Use Limitation Registry: A user friendly GIS-based website that allows users to identify properties within the
commonwealth where any type of Activity and Use Limitation (AUL) has been imposed and of which DEP has been informed. AULs are
restrictions or obligations with respect to real property. The term includes engineering controls and 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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://brownfields.pasitesearch.com/
PROGRAM HIGHLIGHTS
With support from EPA's Section 128(a) Response Program, Pennsylvania held its 7th Annual Brownfields Conference in Altoona on September
27 and 28, 2011. The conference attracted local governments, community and economic development professionals, consulting firms, and state
and federal environmental officials. The conference agenda reflected current areas of interest such as brownfield/commercial real estate forecasts,
sustainable redevelopment, community outreach and planning, and innovative financing opportunities in challenging economic times. The conference
also featured a tour of regional Altoona success stories including the DeGol Industrial Center, the Station Medical Center Mall complex, and the Penn
State's Devorris Downtown Center and Sheetz Center for Entrepreneurial Excellence. Approximately 225 people attended the conference.
OTHER LAND PROGRAMS
Storage Tank Cleanup Program
http://www.portal.state.pa.us/portal/server.pt/community/storage tank cleanup program/20605
Hazardous Sites Cleanup Program
http://www.portal.state.pa.us/portal/server.pt/community/hazardous sites cleanup program/20600
RCRA Corrective Action Program
http://www.portal.state.pa.us/portal/server.pt/community/treatment, storage and disposal facilities/14082/rcra corrective action program/1124370
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VIRGINIA
Brownfields and Land Renewal Program
Voluntary Remediation Program (VRP)
Virginia Department of Environmental Quality (DEQ)
Division of Land Protection and Revitalization
629 East Main Street,
P.O. Box 1105
Richmond, VA 23218
http://www.deq.virginia.gov/Programs/
LandProtectionRevitalization/RemediationProqram.aspx
Contact(s): Durwood Willis
Office of Remediation Programs
durwood.willis@deq.virginia.gov
804-698-4192
Kevin Greene
VRP
kevin.greene@deq.virginia.gov
804-698-4236
Program Overview
Brownfields Program
Cost to Enter the VRP : Phase 1 Application Fee of
$2,000 and Phase 2 $7,500 Eligibility Fee
MOA with EPA Region 3 (January 2002)
Liability Relief Provisions
Tax Incentives
J. Meade R.Anderson, CPG
Brownfields
j.meade.anderson@deq.virginia.gov
804-698-4179
PROGRAM
Since 1995, Virginia has operated a program for voluntary cleanups of contaminated sites. Regulations promulgated in 1997 provided
a framework for selecting cleanup standards under the Voluntary Remediation Program (VRP) and sites are eligible to participate when
remediation is not clearly mandated pursuant to a federal or state regulatory program. Amendment 2 of the Regulations (technical &
administrative changes) went into effect on January 29, 2014 and Amendment 3 of the Regulations (registration fee adjustment) became
effective on July 1, 2014.
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/RemediationProgram/VoluntaryRemediationProgram.aspx
On March 12, 2004, Virginia issued an Interim Brownfields Manual. Virginia's Department of Environmental Quality's (DEQ) goal in implementing
the Brownfields Program is to make its innovative and business oriented provisions substantive, user friendly and timely.
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/RemediationProgram/Brownfields.aspx
• Funding Source(s) for the Program: EPA 128(a) grants and registration fees.
• Cost to enter program or fees for service: VRP has a registration application fee of $2,000 (Phase 1) and an eligibility fee of $7,500
(Phase 2). There is an annual cost defrayment fee of $4,500 (Phase 3). Amending a site Certificate may require an additional fee.
• Sites Enrolled in Voluntary Cleanup Program: As of June 2014, 441 sites have enrolled in the VRP.
• Sites Completed under Voluntary Cleanup Program: As of June 2014, 265 sites have received No Further Action (NFA) Certificates.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Costs for site cleanup are borne by the program participants, however the Voluntary Resources Authority (VRA) is available to provide low
interest loans for funding brownfields remediation projects for localities and governmental authorities across the commonwealth, through the
Virginia Pooled Financing Program (VPFP) and the Virginia Water Facilities Revolving Fund (VWFRF).
http://www.virginiaresources.org/projectfinancing.shtml
Incentives
Defines environmental restoration sites holding Certification of Satisfactory Completion of Remediation (Certificate) as a separate class of
property and allows local governments to adopt an ordinance partially or fully exempting that class from taxation.
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/RemediationProgram/VoluntaryRemediationProgram/Taxlncentives.aspx
Liability Relief Provisions
Virginia's Brownfields Law protects bona fide prospective purchasers (BFPP) and innocent landowners from having to conduct containment
or cleanup as a statutory responsible person under Virginia's air, water, and waste laws at a brownfield site if they meet the statutory
definitions and the additional requirements in the law, though appropriate care is required. There is no fee to obtain a BFPP letter. Virginia
also provides comfort letters for contiguous property owners and lender liability situations.
http://www.deq.virqinia.qov/Portals/0/DEQ/Land/RemediationProqrams/Brownfields/BROWNFIELDS MANUAL-BC-12-29-2009.pdf
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PROGRAM ELEMENTS
Methods/Standards/Controls
The Program uses a Risk-Based Corrective Action process that utilizes ICs and engineering controls recorded with the deed for the property.
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 ICs). Tier III may also include a site-specific risk assessment based on methodology derived from the Risk
Assessment Guidance for Superfund.
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/RemediationProgranWoluntaryRemediationProgram/
VRPRiskAssessmentGuidance.aspx
Contaminants Covered
Typical contaminants covered include volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), Metals, Pesticides
and Herbicides. Petroleum and polychlorinated biphenyls (PCBs) can be addressed by VRP, if not regulated under another program.
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/RemediationProgram/VoluntaryRemediationProgram/
GuidanceandRegulations.aspx
Institutional Controls (1C)
Institutional controls are allowed; however, Virginia does not have a long-term stewardship program for Voluntary Cleanup Program. UECA
laws went into effect in July 2010; regulations went into effect on November 9, 2011; however, the use of UECA is voluntary.
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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/RemediationProgram/Brownfields/BrownfieldsforSale.aspx
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/RemediationProgram/VoluntaryRemediationProgram/Publiclnformation.aspx
Site Specific Assessment (SSA)
The Brownfields Program has completed a number of site-specific assessments of property through contracts with local governments to
conduct Phase I and Phase II Environmental Site Assessments or further characterization of existing properties in order to facilitate property
sales, purchases, and/or redevelopments. Due to funding issues, it is unlikely the Program will be able to conduct SSA work in the upcoming
fiscal year.
Accelerated Dry Cleaner Process (ADCRP)
The purpose of the ADCRP is to streamline the site characterization and risk analysis of VRP dry cleaning sites, as well as to accelerate the
implementation of appropriate remedial systems that adequately address environmental impacts in commercial buildings resulting from dry
cleaning operations. The program is most applicable to sites without offsite contamination, and relies on self-certification of characterization
and remediation by the participants.
Virginia Brownfields Assistance Fund
The General Assembly allocated $1 million for Fiscal Year 12 to be used for the purpose of promoting the restoration and redevelopment of
brownfields and to address environmental problems or obstacles to reuse so that these sites can be effectively marketed to new economic
development prospects. The Virginia Economic Development Partnership (VEDP) and DEQ awarded 17 grants to local governments from
this funding to date.
PROGRAM HIGHLIGHTS
The former Stillwater Textile Plant in Goshen ceased operations nearly 10 years ago and sat idle and heavily vandalized for years afterward, with
a number of environmental concerns. The property spans over 146 acres, much of which was open space not used for plant operations. In 2009,
ERA's Superfund Technical Assessment and Response Team conducted an environmental investigation, determining that property conditions
did not warrant an emergency removal action. The results allowed a local businessman to move forward with further evaluation of the property
for potential purchase in order to expand his timber milling operations. Rockbridge County provided significant support for the reuse of this
property and applied for a Virginia Brownfields Assistance Fund Grant in order to further evaluate the property prior to redevelopment. Virginia
DEQ Regional and Brownfields staff held several meetings with the potential purchaser and representatives of the former owners to discuss
environmental concerns. The property is now enrolled in the state's Voluntary Remediation Program in order to complete cleanup of the textile
mill area of the property.
OTHER LAND PROGRAMS
VA DEQ Division of Land Protection & Revitalization
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization.aspx
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WEST VIRGINIA
Voluntary Remediation Program (VRP)
West Virginia Department of Environmental Protection
(DEP)
Division of Land Restoration
601 57th Street, SE
Charleston, WV 25304-2345
http://www.dep.wv.qov/dlr/Paqes/default.aspx
Contact(s): Patty Hickman
patricia.a. hickman@wv.gov
304-926-0499 ext. 1263
Program Overview
Cost to Enter the Program: Fee is calculated according
to the size of property
MOA with Region 3 (February 2010)
Liability Relief Provisions
Licensed Remediation Specialists (LRS) Program
Brownfields Assistance Centers
PROGRAM
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 brownfields, and limits liability under environmental laws and rules for those who remediate sites under the standards provided in
the Rule. http://www.dep.wv.gov/dlr/oer/voluntarymain/Pages/default.aspx
• Funding Source(s) for the Program: Federal grants and cost recovery for project oversight.
• Cost to enter program or fees for service: Fee is calculated according to the size of property.
• Sites Enrolled in VCP: As of June 2014, 220 sites have entered the Voluntary Remediation Program (VRP).
• Sites Completed under VCP: As of June 2014, 136 Certificates of Completion (COC) have been issued.
FINANCIAL ELEMENTS
Liability Relief Provisions
• The VRP offers COCs 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 suits or contribution actions
Licensed Remediation Specialist (LRS) Program
Under the VRRA, Licensed Remediation Specialists (LRS) are required to supervise activities during cleanups pursuant to VRRA.
http://www.dep.wv.gov/dlr/oer/voluntarymain/lrs/Pages/LRS.aspx
Brownfields Redevelopment Authorities (or similar)
Brownfields Assistance Centers - Many small communities in rural West Virginia do not have the staff or technical expertise to undertake
brownfields redevelopment projects on their own. The West Virginia Brownfields Assistance Centers, located at West Virginia University and
Marshall University, were created to empower communities to plan and implement brownfields redevelopment projects. The Brownfields
Assistance Centers (BAG) are available to assist local governments, nonprofits, prospective developers and other stakeholders in navigating
the brownfields redevelopment process in West Virginia, http://wvbrownfields.org/
PROGRAM ELEMENTS
Methods/Standards/Controls
Risk assessment is used to make two important decisions about what is done at sites in the VRP. First, risk assessment is used to decide
whether a site needs to be cleaned up to reduce risk to human health. Second, if cleanup is needed, risk assessment helps determine how
much cleanup is needed. http://www.dep.wv.gov/dlr/oer/voluntarymain/Documents/Risk%20Assessment%20Guide.pdf
Contaminants Covered
No exclusions.
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Institutional Controls (1C)
DEP established by rule the criteria for deed recordation of land-use covenants and contains all necessary deed restrictions. DEP causes
all land-use covenants to appear in the chain of title by deed and be recorded properly 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, DEP directs that a land-use
covenant be applied.
• 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 VRP sites on the agency's interactive mapper with the development of links
to the recorded Land Use Controls (LUC) so that they may be reviewed online or downloaded by interested parties.
• 1C Oversight: Effective January, 2008 DEP 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: DEP 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. West Virginia DEP has also contracted with Terradex to continue to improve tracking and response to
dig tickets. When a notification is received it is initially reviewed relative to the location of the MISS Utility dig-ticket and recorded covenant
sites using Goggle Earth and the KML covenant files available from the agency. Each notification received is forwarded to the respective
project manager for review and follow-up as appropriate. Project managers also conduct routine inspections of VRP sites with LUCs. For
the period of April 2011 through March 2012, DEP reviewed 509 notifications of excavation activities for sites within the MISS Utility grid
network.
The following Web page contains the link to the state's public database that maintains an inventory of sites, maps sites, and/or tracks
ICs (see land use covenants on the Web page to download the information). This link also provides additional information regarding
contaminated sites in the state. http://www.dep.wv.gov/dlr/oer/voluntarymain/Pages/default.aspx
DEP established an Institutional Controls Focus Group to provide an independent perspective to DEP about the feasibility of utilizing
a public-private land stewardship program for the long-term safeguarding of remediated sites using ICs and engineering controls (EC)
(collectively, lECs) to ensure that the remedy remains protective of human health and the environment. The WV Institutional Controls Focus
Group Interim Report can be found at: http://www.dep.wv.gov/dlr/oer/voluntarymain/Pages/default.aspx. DEP introduced legislation during
the 2012 WV Legislative Session to establish a Land Stewardship Trust. The legislation failed to pass in 2012, and was reintroduced during
the 2013 Legislative Session. As a result of legislation passed during that session, the nonprofit West Virginia Land Stewardship Corporation
was created. Its goals are to establish a land stewardship program to provide oversight of long-term monitoring of site conditions and
controls; begin a site certification program for site redevelopment; and create a statewide land bank program to transition unused properties
back into productive use.
PROGRAM HIGHLIGHTS
The West Virginia Brownfield Assistance Centers (BACs) at Marshall University and West
Virginia University initiated the WV Redevelopment Collaborative, funded through a private
foundation, in order to provide project assistance. The BACs established a FOCUS grant
program to provide small grants to communities and nonprofits to jump-start redevelopment
projects throughout the state. Each project brought together a team of leaders from state
agencies, community foundations, financial institutions, and nonprofit organizations, in
training exercises to build a framework to examine collective goals and challenges in
strengthening the redevelopment process. The BACs work with communities on ways to
address dilapidated buildings and develop plans for reusing these properties in ways that
have a positive impact on the communities. West Virginia Department of Environmental
Protection used Section 128(a) Response Program funding to assist the BACs with the
Annual West Virginia Brownfields Conference, where these resources will be showcased,
along with success stories from involved communities. The conference attendance has
attracted over 200 participants in recent years. It has keynote speakers ranging from the
Governor, Congressional representatives, and top business and community leaders; it is the
premiere state event for networking amongst brownfields redevelopment professionals.
A team from Barbour County works on an action
plan as part of the WV Redevelopment Collaborative
OTHER LAND PROGRAMS
Leaking Tank Program
http://www.dep.wv.gov/dlr/oer/lustmain/Pages/default.aspx
Superfund Program
http://www.dep.wv.gov/dlr/oer/superfund/Pages/default.aspx
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EPA REGION 4
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ALABAMA
Brownfields Redevelopment and Voluntary Cleanup Program
(VCP)
Alabama Department of Environmental Management (ADEM)
Land Division
1400 Coliseum Boulevard
Montgomery, AL 36110-2059
http://www.adem.state.al.us/proqrams/land/default.cnt
Contact(s): Larry Morris
Chief- Redevelopment Section
lan@adem.state.al.us
334-279-3053
Program Overview
Brownfields Program
Cost to Enter the Program:: $4,215
Oversight Fees
Liability Relief Provisions
Revolving Loan Fund
Tax Incentives
Tax Abatement Incentives
PROGRAM
Alabama's Brownfields Redevelopment and Voluntary Cleanup Program presents municipalities and developers with a wealth of opportunities
and information. Reclaiming contaminated or unused sites and creating valuable, profitable and environmentally sound property benefits every
member of the community, http://www.adem.state.al.us/programs/land/brownfields.cnt
• Funding Source(s) for the Program: : Federal grants (66%) and Alabama Land Recycling and Economic Redevelopment Act (ALRERA)
fees (33%).
• Cost to enter program and fees for service: All applicants must pay a non-refundable application fee of $4,215. Various designated
programmatic fees cover state oversight costs.
• Sites Enrolled in VCP: As of June 2014, 93 sites are actively enrolled in the VCP.
• Sites Completed under VCP: As of June 2014, 275 sites have successfully completed requirements of the VCP and received Letters of
Concurrence (no further action letters).
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to assist with brownfields reuse projects.
• Brownfields Revolving Loan Fund (RLF) targeted to counties and municipalities.
http://www.adem.state.al.us/programs/land/brownfields.cnt
Incentives
Tax abatement 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 incurs the cost.
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.
PROGRAM 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 ICs.
Contaminants Covered
Program covers all types of contaminants and pollutants including, petroleum, asbestos, lead paint, and polychlorinated biphenyls (PCBs).
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Institutional Controls (1C)
Alabama has a long-term stewardship program for its state VCP, brownfields and Resource Conservation and Recovery Act (RCRA) sites.
• 1C Tracking: An MS Excel database is used to track institutional and engineering controls at cleanup sites as part of the VCP and
brownfields programs and other programs. Environmental covenants are required by law for sites not returned to an unrestricted use
scenario.
• 1C Oversight and Monitoring: Sites using ICs are addressed through a site-specific risk assessment and have a longer term enabling
mechanism (covenant) to ensure that ICs are maintained.
Environmental Covenants
All sites remediated to less than unrestricted use standards are required to have an environmental covenant giving a description of the
property, types of contaminants remaining onsite, and the use restrictions placed on the property.
The following Web address is a direct link to the state's public database that maintains an inventory of sites:
http://gis.adem.alabama.gov/adem dash/GISINSP.html
Furthermore, the following link provides additional information regarding contaminated sites in the state:
http://www.adem.state.al.us/proqrams/land/landforms/128Spreadsheet.htm
MASTERPLAN SITE STUDY
GREIF PROPERTY
CITYOFCULLMAN
PROGRAM HIGHLIGHTS
The former 12-acre Greif Brothers Corporation property located in Cullman had a variety of operations
dating back over 90 years. Industrial activities started around 1917 with the Dremen Manufacturing
Company. Over the years, the property was home to the Standard Industrial Laundry Company, the
Porter Knitting Mills Company, the Acadia Planning Company, the King Pharr Canning Company, the
Raible Division Sheet Metal and Stamping Company, the Cullman Supply Company, and finally the
Greif Brothers Corporation (Greif). Greif manufactured steel drum containers from 4.5 to 85 gallons
in size from 1947 until the plant's closure in 2002. The Greif property had numerous onsite buildings
which housed a variety of operations ranging from machine, welding, painting, manufacturing to parts
distribution and warehousing. Two of the larger buildings were damaged by fire in April 2010. The
majority of the onsite buildings were deconstructed and all recycled/salvageable material was sold,
donated, or otherwise utilized by the City of Cullman. In addition to local usage, companies from as
far as Louisiana came to purchase salvaged materials from the site. In all, a total of 12 roll-offs of
unsalvageable material went to the landfill, a rather minimal amount when considering a 12-acre lot
that had about 200,000 square feet of buildings removed. The bulk of the work at the old industrial Greif
property, located on Second Avenue in downtown Cullman, was paid for with a low-interest $630,000
Brownfield Redevelopment Loan from the ADEM and a $200,000 Site-specific Cleanup grant from
the EPA. In addition to the recycling effort, the site is also home to a phytoremediation project that will
eventually bring in approximately 400 trees to safely filter dangerous chemicals out of the soil and
ground water. The recycling efforts far exceeded project management expectations. The environmental
manager for the project said, "Because that is such a hallmark site for the community, it's nice to know
a bit of the Greif Brothers property will live on in other places. Metals have been recycled; portions of
buildings have been set up on other sites and a lot of old lumber has been re-used at different locations.
It does take a little extra time, but rather than land-filling valuable materials, this is worth the investment
of time. We're very pleased and the work meets the mission of redeveloping brownfield properties, of
not only re-working that property but also repurposing those materials for use." The multipurpose 12-
acre site has a municipal police station, municipal vehicle maintenance facility, municipal landscaping
workstation, emergency response supply storage facility, and a cleared, graveled area to the south ~ The Master Redevelopment Plan for the
designated for such community activities as "Oktoberfest." Part of that area is scheduled to have a 5I Pr°Per V In
gymnasium constructed in 2013. Other successes include Montgomery's Riverwalk Stadium, home
of the AA Minor League Montgomery Biscuits and the Parkside Stadium in downtown Birmingham, home of the AA Minor League Birmingham
Barons. Both stadiums are significant economic drivers in their respective cities.
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://adem.alabama.gov/programs/water/groundwater.cnt
Superfund Program
http://www.adem.state.al.us/proqrams/land/remediationCleanup.cnt
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FLORIDA
Brownfields Redevelopment Program
Florida Department of Environmental Protection (DEP)
Division of Waste Management
2600 Blair Stone Road
Tallahassee, FL 32399-2400
http://www.dep.state.fi. us/waste/
Contact(s): Kim Walker
Brownfields Program Manager
kim.walker@dep.state.fl.us
850-245-8934
Program Overview
Brownfields Program
Cost to Enter the Program: No Fee
MOA with EPA Region 4 (October
2005)
Liability Relief Provisions
Tax Incentives
PROGRAM
The primary goals of the Brownfields Redevelopment Act are to reduce public health and environmental hazards on existing commercial and
industrial sites that are abandoned or underused due to these hazards; create financial and regulatory incentives to encourage voluntary cleanup
and redevelopment of sites; derive cleanup target levels and a process for obtaining a "No Further Action" letter using Risk-Based Corrective
Action principles; and provide the opportunity for Environmental Equity and Justice.
http://www.dep.state.fi .us/waste/categories/brownfi elds/default.htm
• Funding Source(s) for the Program: State General Fund.
• Cost to enter program or fees 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.
• Sites Enrolled in Brownfields Program: As of June 2014, 206 sites have voluntarily entered into brownfield site rehabilitation agreements
with the Department of Environmental Protection (DEP).
• Sites Completed under Brownfields Program: June 2014, 70 sites have been issued final Site Rehabilitation Completion Orders ("No
Further Action" letters) from DEP since the start of the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to assist with brownfields reuse projects.
http://www.dep.state.fi .us/waste/categories/brownfi elds/pages/economic incentives.htm#State
Incentives
• 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 by an eligible business. The job bonus refund is available to companies that
create new jobs on a site with a brownfields agreement or on a property that abuts a site with a brownfields agreement. 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 authorization is $5,000,000. The Voluntary Cleanup Tax Credit program has approved a
total of $40,227,696 and issued a total of $25,523,680 in tax credits since inception of the program in 1998.
• Loan guarantee program provides limited guarantees for up to five years on the primary lender's financing for qualified redevelopment
projects in brownfields areas.
• Other economic incentives, such as those associated with the Florida's Enterprise Zone program, may be combined with brownfields
incentives to create additional leverage for redevelopment projects.
• Local option sales surtax exemptions are available for sales made in urban infill and redevelopment areas.
http://www.dep.state.fi .us/waste/categories/brownfi elds/pages/economic incentives.htm#State
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Liability Relief Provisions
Under the Brownfields Redevelopment Program (as amended) non-responsible parties and certain responsible parties may receive liability
protection from state and third party claims. Liability protection is provided for lenders serving in a fiduciary capacity on any site in a
brownfields area. Nonprofit conservation organizations that purchase contaminated sites and are acting in the public interest also receive
liability protection. When no further action at the brownfield site is approved the state issues a Site Rehabilitation Completion Order ("No
Further Action") letter, http://www.dep.state.fi .us/waste/categories/brownfi elds/pages/economic incentives.htm#State
PROGRAM ELEMENTS
Methods/Standards/Controls
A Risk-Based Corrective Action (RBCA) process is in place that establishes default cleanup target levels for residential and commercial/
industrial scenarios, and provides additional flexibility in managing risk through use of site-specific risk assessment and appropriate
institutional and engineering controls, http://www.dep.state.fi .us/waste/categories/brownfi elds/pages/LawsandRules.htm
Contaminants Covered
All contaminants are accepted including petroleum and polychlorinated biphenyls (RGBs).
Institutional Controls (1C)
ICs are key to a RBCA approach and are allowed in all cleanup program areas. The property owner must agree to the use of an 1C, such as
a deed restriction or restrictive covenant on the property if an engineering control is the selected remedy.
• 1C Tracking: DEP maintains a tracking system that tracks the use of ICs at sites. It is available online for public users.
• 1C Oversight and Monitoring: DEP audits ICs 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 ICs. This link also provides additional information regarding contaminated
sites in the state, http://www.dep.state.fi .us/waste/categories/brownfi elds/pages/ICR.htm
PROGRAM HIGHLIGHTS
Located approximately one mile northeast of downtown Orlando, the Mills Park development
is taking shape on a 12-acre former lumber yard. A railroad spur that ran down the
middle of the property was the source of polycyclic aromatic hydrocarbon and arsenic
contaminated soils. Site cleanup began in the spring of 2012 and resulted in the removal
of more than 11,000 tons of contaminated soil. While cleanup was underway, a Brownfield
Site Rehabilitation Agreement (BSRA) was negotiated and signed. The Department issued
an unconditional Site Rehabilitation Completion Order (SRCO) in December 2012. When
complete, the mixed use redevelopment will include more than 348,000 square feet of retail,
restaurant, medical, general office, and residential space including a Fresh Market store that
is scheduled to open by 2014.
OTHER LAND PROGRAMS
Petroleum Cleanup Program
http://www.dep.state.fl.us/waste/categories/pcp/default.htm
Drycleaning Solvent Cleanup Program
http://www.dep.state.fl.us/waste/categories/drycleaning/default.htm
Superfund Program
http://www.dep.state.fl.us/waste/categories/wc/pages/cleanup/pages/nplsites.htm
Artist rendering of the Mills Park Development
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GEORGIA
Brownfields Program
Georgia Department of Natural Resources (DNR)
Environmental Protection Division
Land Protection Branch
2 Martin Luther King Jr. Drive SE
Suite 1054 East Tower
Atlanta, GA 30334
http://epd.qeorqia.gov/hazardous-waste
Contact(s): Madeleine Kellam
Madeleine Kellam@dnr.state.qa.us
404-656-7802
Program Overview
Brownfields Program
Cost to Enter the Program: $3,000
Liability Relief Provisions
Tax Incentives
PROGRAM
Georgia's Brownfields Program was created in 2002, upon passage of the Hazardous Site Reuse and Redevelopment Act. The program
encourages reuse of contaminated properties by granting broad liability relief for innocent prospective purchasers of properties with known
releases of hazardous constituents or petroleum. In exchange for cleanup of contaminated soil and source material, qualified prospective
purchasers are not liable to the state or to third parties for damages resulting from the pre-existing release, nor are they required to clean up
ground water. Georgia also offers property tax relief for recovery of certified costs for brownfields investigation and cleanup.
http://epd.georgia.gov/brownfields
• Funding Source(s) for the Program: Federal grants (100%).
• Cost 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.
• Sites Enrolled: As of June 2014, 525 properties had been enrolled in the program; 39 of these properties were subsequently withdrawn.
• Sites Completed: As of June 2014, 300 properties completed cleanup under the program or certified compliance following site investigation
under program oversight.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
No monetary grants or loans are provided for under the program.
Incentives
Tax abatement provisions are available for recovery of certified investigation and cleanup costs at qualifying properties.
http://epd.georgia.gov/brownfieldsttfiles
Liability Relief Provisions
The Georgia Brownfield Act (formerly the Hazardous Site Reuse and Redevelopment Act) (OCGA §12-8-200, as amended) provides liability
relief (from third-party and ground water cleanup liability) for qualified prospective purchasers of contaminated property who voluntarily agree
to remediate soil and source material to promulgated risk reduction standards. The statute was amended in 2014 to clarify that lessees and
those holding other forms of property interest can also qualify as prospective purchasers in order to receive liability protection.
http://epd.aeoraia.aov/brownfields#files
PROGRAM 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: 1) standardized residential; 2) site-specific
residential; 3) standardized non-residential; and 4) 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.
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Contaminants Covered
Hazardous constituents and petroleum are covered.
Institutional Controls (1C)
Georgia has promulgated ICs provisions for brownfields that are on the state Superfund 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 ICs.
http://epd.georgia.gov/uniform-environmental-covenants
• 1C Tracking: For non-listed brownfield properties (which do not have such regulatory requirements) Georgia uses Response Program
Grant funding to inspect, monitor and track ICs. A database to capture all ICs 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 or formalized under an
environmental covenant.
• 1C Oversight: Oversight and technical review is provided by environmental engineers and geologists under both the Brownfields and
Response and Remediation Programs.
• 1C Monitoring: Monitoring is required when dictated by statute, (i.e., at Hazardous Site Inventory (HSI)-listed sites and at sites that rely
on long-term stewardship/ICs).
The following Web address is a direct link to the state's public brownfields database that maintains an inventory of brownfields and/or tracks
ICs. http://epd.georgia.gov/brownfieldsttfiles
The following Web address is a direct link to the state's public database that maintains an inventory of state Superfund sites, maps sites,
and/or tracks ICs. This link also provides additional information regarding contaminated sites in the state.
http://epd.qeorqia.gov/brownfieldsttfiles
PROGRAM HIGHLIGHTS
In March 2014, a topping out ceremony was held for the new headquarters of Porsche Cars North America. Porsche chose to locate this new
destination facility at Aerotropolis Atlanta, in part because of its proximity to the world's busiest airport, Hartsfield-Jackson Atlanta International
Airport. Formerly the site of a decommissioned Ford Motors assembly plant in Hapeville, Georgia, the 122-acre property was acquired in 2008 by
the nationally recognized Jacoby Development, Inc., a land development company that specializes in reclamation of impaired sites and creation
of environmentally sensitive multi-use properties. Following demolition (and recycling) of the plant buildings, the re-christened Aerotropolis
Atlanta site was remediated. Jacoby Development removed a total of 57,000 tons of contaminated soil from the property. The site has since been
subdivided, and portions have been sold to buyers, including the Atlanta Hartsfield-Jackson International Airport and Porsche. Porsche broke
ground on the headquarters in late 2012 and construction is expected to be completed in 2014. Located on 26-acre campus at One Porsche
Drive, the $100 million dollar development will feature a Technical Service and Training Center, a Conference Center, restaurants, and a museum.
As an industry first, the Porsche headquarters campus will feature a Customer Experience Center including a 1.6-mile test track and handling
road course to showcase the capabilities of Porsche's industry-leading vehicles. The facility will house 400 employees, including 100 jobs that will
be new to Georgia.
OTHER LAND PROGRAMS
Hazardous Site Cleanup
http://epd.georgia.gov/hazardous-waste
http://epd.georgia.gov/voluntary-remediation
Underground Storage Tanks (UST) Program
http://epd.georgia.gov/underground-storage-tanks
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KENTUCKY
Brownfields Program
Kentucky Brownfield Redevelopment Program
Kentucky Division of Compliance Assistance
300 Fair Oaks Lane
Frankfort, KY 40601
http://dca.ky.gov/brownfields
Contact(s): Herb Petitjean
Herb.Petitjean® ky.gov
800-926-8111
Program Overview
Brownfield Redevelopment Program
Expanded Liability Limitations Provisions
MOA with EPA Region 4 (December 2012)
Cleaner Commonwealth Fund
Tax Incentives
Grant writing assistance
PROGRAM
The Kentucky Brownfield Redevelopment Program seeks to help redevelop and revitalize properties that are abandoned or underutilized due to
real or perceived contamination. There are an estimated 8,000 brownfields across the state. They include sites such as old gas stations, mine-
scarred lands, abandoned factories, old schools and hospitals, and meth labs. The program offers comprehensive services to help with these
problem properties, http://dca.ky.gov/brownfields
• Funding Source(s) for the Program: State Hazardous Waste Management fund, fees, and federal grants
• Cost to enter program or fees for service:
• Informal program leading to Notice of Completion letter - no cost at the present
• Voluntary Environmental Remediation Program (VERP), which leads to Covenant Not to Sue (CNTS) - $1,000 to $2,500 based on
acreage plus any oversight costs beyond that. Fees may be waived in certain circumstances.
• KRS 224.1-415 provides a Notice of Eligibility/Notice of Concurrence -$2,500
• Sites Enrolled in VCP:
• Informal Program - hundreds of sites
• VERP - two sites
• KRS 224.1-415-dozens of sites
• Sites Completed under VCP:
• Informal program - thousands of sites
• VERP - 0 sites
• KRS 224.1-415-dozens of sites (since February 2013)
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
The Cleaner Commonwealth Fund provides cleanup grants to local governments, quasi-governmental entities, and non-profits. Starting in
2015, it will provide cleanup loans to local governments, quasi-governmental entities, non-profits, and private entities.
http://dca.ky.gov/brownfields/Pages/Cleanercommonwealthfund.aspx
Technical assistance, including help with identifying and applying for potential funding, is available to both public and private sector entities.
Incentives
Kentucky offers property tax incentives and income tax credits to individuals or businesses that complete a cabinet-approved cleanup on a
qualified property. http://dca.ky.gov/brownfields/Pages/Taxlncentives.aspx
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 VERP. http://dca.ky.gov/brownfields/Pages/Liability.aspx
KRS 224.1-415 provides property owners and prospective property owners (who can certify that they did not cause a release or have
relationships with those who did, and who develop a plan to reuse the property safely) documentation that they will not be held responsible
for conducting site investigation and remediation under Kentucky Superfund laws, specifically KRS 224.1-400 and KRS 224.1-405.
http://waste.kv.gov/SFB/Paqes/Brownfields.aspx
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Kentucky has entered into Memoranda of Agreement (MOA) negotiations with EPA that would provide federal liability protection for qualified
properties that have been addressed under the portions of state cleanup program.
Brownfields Redevelopment Authorities (or similar)
• 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, Louisville Gas and Electric and Kentucky Utilities have programs that offer reduced electrical rates for companies that
redevelop on qualified brownfields.
PROGRAM 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
• Any combination of the above
Kentucky uses the EPA "Regional Screening Levels (RSL) for Chemical Contaminants at Superfund Sites.
Contaminants Covered
Petroleum and polychlorinated biphenyls (PCBs) are covered, but petroleum releases are not eligible for CNTS if they fall under the
Underground Storage Tank (UST) program. Asbestos and lead paint are covered if released in the environment and not part of a structure.
Kentucky has contractor certification requirements and guidance for decontamination of meth labs in inhabitable properties.
Institutional Controls (1C)
Kentucky adopted legislation that mirrors the Uniform Environmental Covenant Act. Kentucky Revised Statutes (KRS) 224.80-100 to 210
provide 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 ICs 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 years to determine if additional action is necessary to protect human
health or the environment.
PROGRAM HIGHLIGHTS
Kentucky's Brownfield Redevelopment Program has a strong culture of in-depth, quality customer service. Nowhere is this better demonstrated
that in the support services provided to communities and other entities applying for EPA Brownfields grants. Kentucky has a four-prong approach
to supporting grant applicants.
1. Provide notice of funding opportunities.
2. Offer training, both in person and via the Web.
3. Host grant parties, where applicants bring draft applications and share them to receive peer review.
4. Offer one-on-one review and consultation.
Most years, Kentucky meets or exceeds the national average for successful grants.
OTHER LAND PROGRAMS
Underground Storage Tanks Branch
http://waste.ky.gov/UST/Pages/default.aspx
Methamphetamine Lab Cleanup
http://waste.ky.gov/SFB/MethLabCleanup/Pages/default.aspx
Superfund Branch
http://waste.kv.gov/SFB/Paqes/default.aspx
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Mississippi Brownfield Program
Mississippi Department of Environmental Quality (MDEQ)
Groundwater Assessment and Remediation Division
P.O. Box 2261
Jackson, MS 39225-2261
http://www.brownfields.ms/
Contact(s): Trey Hess
Brownfield Coordinator
Trey Hess@deq.state.ms.us
601-961-5654
Program Overview
Brownfields Program
Cost to Enter the Program: $1OO/
hour oversight, $2,000 up front
Liability Relief Provisions
Tax Incentives
PROGRAM
The Groundwater Assessment and Remediation Division (CARD) is responsible for the assessment and remediation of contaminated sites in the
State of Mississippi, http://www.brownfields.ms/
• Funding Source(s) for the Program: State Brownfield Cleanup and Redevelopment Trust Fund, State General Fund, Voluntary Evaluation
Program Trust Fund, and federal grants.
• Cost to enter program or fees for service: At the time an application is filed, the applicant agrees to pay the Mississippi Department of
Environmental Quality (MDEQ) all reasonable and direct costs associated with the administration of the application at the rate of $100/hour.
Cost typically does not exceed 5% of the total cost of the brownfield redevelopment project (e.g., Phase I Environmental Site Assessment
(ESA), Phase II ESA, corrective action planning, remediation, analytical, legal, appraisals, environmental insurance, and other redevelopment
project costs).
• Sites Enrolled in VCPs: As of June 2014, 177 sites are enrolled in MS Response Programs.
• Sites Completed under VCPs: As of June 2014, 63 sites have been completed under MS Response Programs.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• The Brownfield 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; cities and counties may apply for
a low interest loan through the Mississippi Development Authority (MDA) to remediate a brownfield site. http://bit.ly/MDACAP
Incentives
• The Mississippi Economic Redevelopment Act (§ 57-91-1) promotes redevelopment by providing a tax rebate to defray the remediation
costs associated with cleaning up contaminated property. Counties and/or municipalities that contain properties with environmental
contamination must first approve a remediation project area within its jurisdiction. After approval of the remediation plan by MDEQ through
a Brownfield Agreement ((§ 49-35-15) and the project by MDA, all sales, income, and franchise taxes collected from businesses located
in the redevelopment project area would be deposited into a special fund that would be used to reimburse the developer for approved
cleanup costs. Reimbursement to the developer would be made semi-annually for a period of up to 15 years, with a maximum distribution
to the developer of two and a half times the allowable remediation cost. http://bit.ly/MS-MERA
• The Brownfield Voluntary Cleanup and Redevelopment Incentives Act provides a state 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. http://bit.ly/MS-Brownfield-Tax-Credit
Liability Relief Provisions
Brownfields parties who execute a Brownfield Agreement shall be relieved of liability to all persons, including MDEQ (other than the United
States) for remediation of the Brownfield Agreement site other than the remediation required by the Brownfield Agreement, and all costs
reasonably related to the remediation other than the remediation costs required by the Brownfield Agreement or the regulations. For sites
cleaned up to unrestricted levels, a No Further Action letter is issued.
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PROGRAM ELEMENTS
Methods/Standards/Controls
MDEQ 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 (TRG). Tier 2 provides the applicant the option of performing a more in-depth evaluation of site-specific conditions
to develop site-specific Remediation Goals (RG). Tier 3 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. ICs play a major role in Tier 2 and Tier 3 assessments.
http://bit.ly/MDEQ-Risk-Evaluation-Procedures.
Contaminants Covered
Hazardous Substances, asbestos, lead paint, polychlorinated biphenyls (PCBs), and petroleum are covered.
Institutional Controls (1C)
The Mississippi Uniform Environmental Covenants Act (MUECA), 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 ICs 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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://list.brownfields.ms
PROGRAM HIGHLIGHTS
CREOSOTE WORKS
rot „•-
»44 I
Historical Marker at the Gautier Oil site
The former Gautier Oil Brownfield Agreement Site was utilized by the railroad and its
lessees for wood treating (creosote) operations from approximately 1870 to 1979, and
then waste oil recovery from 1980 to 1983. Following a period of inactivity, Seaboard Coast
Line Railroad in 1985, removed above ground structures, storage and process tanks,
drums and piles of sludge, sand filter beds, and the excavation/backfill of the surface
impoundment south of the railroad trestle near the West Pascagoula River. Since that
time, CSX Transportation (CSXT) has been working closely with the MDEQ to evaluate
environmental impacts associated with the site and adjacent River and Bayou Pierre.
Affected environmental media include soil, ground water, and near shore sediments of the
River and Bayou.
CSXT held a Public Information Session well in advance of the work to discuss and
solicit comments to the proposed remedial plan. In January 2011, prior to project kickoff,
CSXT hosted a community gathering at the site to inform the local community of the
planned work and again give the locals an opportunity to voice any concerns. CSXT and
its contractors effectively communicated with the community throughout the 11-month
remediation project. To date, CSXT has spent over $15 million to remediate the site.
Approximately 16,000 tons of impacted soil and 7,000 tons of sediment have been
disposed and 25,000 wetland plants have been removed, stored, and replanted along
with the restoration of approximately three acres of fringe wetlands. CSXT is planning to
partner with the Land Trust for the Mississippi Coastal Plain to establish a conservation
easement on the entire site. It is CSXT's goal to restore the site to its natural habitat which
will promote wildlife use.
OTHER LAND PROGRAMS
Voluntary Evaluation Program
http://www.deq.state.ms.us/MDEQ.nsf/pdf/GARD ussvep/$File/Ussvep.pdf?OpenElement
Underground Storage Tanks (UST) Program
http://www.deq.state.ms.us/MDEQ.nsf/page/UST PageHome?OpenDocument
CERCLA/Superfund Program
http://www.deq.state.ms.us/MDEQ.nsf/paqe/GARD home?OpenDocument
Wetlands Restoration work by CSXT included
replanting approximately 25,000 wetlands plants on
the former Gautier Oil Site
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NORTH CAROLINA
Brownfields Program and Inactive Hazardous Sites Voluntary
Cleanup Program
North Carolina Department of Environment and Natural Resources (DENR)
Division of Waste Management
217 W.Jones Street
Raleigh, NC 27603
http://portal.ncdenr.org/web/wm/
Contact(s): Bruce Nicholson
Brownfields
bruce.nicholson@ncmail.net
919-707-8330
Charlotte Jesneck
Voluntary Cleanup
charlotte.jesneck® ncmail.net
919-707-8327
Program Overview
Brownfields Program
Cost to Enter the Program:
$2,000/$2,500 with additional fees for
completed brownfields agreement
Liability Relief Provisions
Tax Incentives
PROGRAM
There are two programs in North Carolina that involve cleanup of contaminated properties, the Inactive Hazardous Sites Program (IHSP) and the
Brownfields Program. The Brownfields Program is strictly reserved for non-causative parties while any party may participate in the IHSP.
Brownfields Program - Authorized by the state statute known as the Brownfields Property Reuse Act, the program provides a mechanism to
treat prospective developers of brownfields differently than the parties responsible for contaminating them. Prospective developers negotiate
a brownfields agreement with the program that defines activities needed to make the site suitable for reuse, rather than cleaning up the site to
regulatory standards (which responsible parties are required to do). Prospective developers receive from DENR a brownfields agreement which
provides a Covenant Not to Sue (CNTS) in exchange for conducting safemaking actions outlined in the agreement (may include any combination of
land use restrictions, mitigation, and/or remediation), http://portal.ncdenr.org/web/wm/bf or www.ncbrownfields.org
Inactive Hazardous Sites Program -The Superfund Section of the Division of Waste Management (DWM) is responsible for oversight and
approval of the assessment and remediation of all historical, and any recent accidental releases of hazardous substances and pollutants with
the exceptions outlined below. The Inactive Hazardous Sites Branch (IHSB) oversees remedial actions, conducts any necessary enforcement of
assessment and remediation at sites deemed to be a priority, and conducts the work itself at orphaned sites when state resources are available for
such, http://portal.ncdenr.org/web/wm/sf/ihshome
• Funding Source(s) for the Program: Federal grants, fees, appropriations, and tax.
• Cost to enter program or fees for service: Under the Brownfields Program there is a $2,000 initial fee at the beginning of the process and
then a second fee, due prior to execution of the brownfields agreement, equivalent to the cost to the DENR and the Department of Justice, http://
portal.ncdenr.org/web/wm/bf/feejnfo. Under the IHSB's privatized portion of the Voluntary Cleanup Program (VCP), remediating parties must
pay an annual fee of between $2,000 and $2,500. For the first year, the fee is $2,500.
• Sites Enrolled in VCP: Brownfields Program -As of June 2014, there are 225 completed brownfields agreements and an additional 120 sites in
the program pipeline. The completed sites have continuing obligations for annual land use restriction certifications. IHSB's VCP - As of June 204,
184 sites have approved ongoing voluntary assessments and/or cleanups underway.
• Sites Completed under VCP: Brownfields Program -As of June 2014, there are 225 completed brownfields agreements. IHSB's VCP -As of
June 2014, 502 sites have completed all work and been assigned No Further Action status under the Inactive Hazardous Sites Program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Assessment and cleanup are funded by the brownfields applicant in the Brownfields 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.
Incentives
2000 legislation authorized a 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. For voluntary remedial actions conducted with the approval of the
Inactive Hazardous Sites Program under an administrative agreement, there is a $5 million liability cap on remediation expenses not available if the
state must conduct enforcement or parties conduct work without program approval.
http://portal.ncdenr.org/web/wm/bf/incentivesfaq
Liability Relief Provisions
A brownfields agreement provided by the Brownfields Program is designed to break down barriers to obtaining financing at lending institutions
through the CNTS contained within.
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PROGRAM 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 and the authorizing statute provides for their
enforcement by the state, even with general lack of privity.
At sites with significant public benefit at stake, DENR recently initiated a program ("Ready for Reuse Program") which DENR works with an entity
that cannot establish non-causative status to produce a draft brownfields agreement for a yet unidentified future non-causative prospective developer.
The eligible prospective developer then would be protected upon purchase of the brownfields property. DENR will produce such a Ready for
Reuse Agreement in order to reduce risk at the property and to assist in the marketing of the property for redevelopment to a future non-causative
prospective developer. However, such a "Ready for Reuse" brownfields agreement confers no liability protections to the ineligible entity with whom
DENR worked to produce the agreement. Under the IHSB's 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. Ground water cleanup under the VCP must meet
state ground water standards unless a demonstration is made and approved that cleanup is technically impracticable. However, risk-based cleanup
levels are now available for ground water at certain qualifying sites. To qualify the property must have primarily been used for the manufacture of a
commercial product or the generation of electricity, the remediating party must demonstrate that the contamination has not and will not migrate off the
property above unrestricted use levels and the release must have been reported to the state prior to March 1, 2011.
Contaminants Covered
Under the Brownfields Program, sites with exclusively petroleum hydrocarbon contamination from Underground Storage Tanks (UST) are
ineligible. Otherwise, all soil and ground water contaminants are eligible, including those properties where non-UST contamination is with
comingled UST contamination. The IHSB's VCP addresses only non-petroleum hazardous substance and pollutant contamination.
Institutional Controls (1C)
The North Carolina process assumes that land use restrictions (LUR) 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 reopener that subjects the violating party to complete cleanup of the site to state environmental standards.
Under the IHSB's VCP, LURs can be used in relation to restricted use soil remedies, ground water contamination that is deemed impracticable
to correct, at those sites eligible for risk-based ground water cleanup standards, 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).
• 1C Monitoring: For both the IHSB's 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 Brownfields Program's public database that maintains an inventory of sites, maps sites, and/or tracks
ICs. This link also provides additional information regarding contaminated sites in the state, http://portal.ncdenr.org/web/wm/bf/projectinventory
PROGRAM HIGHLIGHTS
The North Carolina Brownfields Program has signed a brownfields agreement, setting the stage for the redevelopment of the former Ecusta Paper Mill
near Brevard. The mill began operation in 1939 and was at one time one of the largest paper mills in the southeast. This is the first of seven planned
brownfields agreements that will eventually cover 540 acres of property with an $800 million mixed use redevelopment. The closure of the historic
Ecusta Mill led to 2,300 layoffs and the planned development will regenerate nearly 2,000 jobs. The agreement marked a milestone for the North
Carolina Brownfields Program as the 200th brownfields agreement since program inception. This agreement is the culmination of cooperative efforts
between numerous environmental programs within the North Carolina Department of Environment and Natural Resources and the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) pre-remedial and removal programs of EPA Region 4. The abandonment of the mill
in 2003 resulted in shutdowns of various environmental systems and threatened uncontrolled releases into the Davidson River. Davidson River Village
signed an administrative order on consent to conduct assessment and cleanup activities and has been active in the demolition and cleanup of the mill for
three years. Cleanup of several portions of the property are complete or nearing completion, ongoing monitoring will continue through the redevelopment
of the property. The brownfields agreement will provide institutional control provisions that will protect public health and the environment on the first tract
slated for redevelopment. It is the first in a series of seven planned agreements for various tracts on the property.
The property will be redeveloped into Davidson River Village, a large mixed use redevelopment to include residential, retail, hospitality, and open
space uses with strong acknowledgement of the mill history for the local community
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program Superfund Program
http://portal.ncdenr.org/web/wm/ust http://portal.ncdenr.org/web/wm/sf
Dry-cleaning Solvent Cleanup Act (DSCA) Program
http://portal.ncdenr.org/web/wm/dsca
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SOUTH CAROLINA
Brownfields/Voluntary Cleanup Program (VCP)
South Carolina Department of Health and Environmental Control
(DHEC)
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
http://www.scdhec.gov/
Contact(s): Robert Hodges
hodqesrf@dhec.sc.gov
803-898-0919
Program Overview
Brownfields Program
Cost to Enter the Program: Oversight
Fees
Liability Relief Provisions
Tax Incentives
PROGRAM
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.
http://www.scdhec.gov/HomeAndEnvironment/Pollution/CleanUpPrograms/BrownfieldsCleanupLoanFund/
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: There is no application fee to enter into the VCP; however, private party responsible parties (RP)
and non-responsible parties (NRP) must pay oversight costs. The South Carolina Department of Health and Environmental Control (DHEC)
provides oversight without charge to governmental entities and nonprofit agencies as long as sufficient funding is available through EPA's
128(a) Response Program grant. A Phase I Environmental Assessment is required along with an application for NRPs.
• Sites Enrolled in VCP: June 2014, 383 sites are currently enrolled in the program.
• Sites Completed under VCP: As of June 2014, 137 sites completed cleanups under the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• Through an EPA grant, DHEC administers a Brownfields Cleanup Revolving Loan Fund (RLF) of $5,213,000, which offers low interest
loans to non-responsible parties 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.
Incentives
For brownfield sites, financial incentives are available for NRPs who have entered into the VCP.
http://www.sctax.Org/NR/rdonlyres/5A9F1B8D-ED46-43A3-85C4-4C3C4768E385/0/TC20.pdf
Liability Relief Provisions
The VCP provides a Covenant Not to Sue (CNTS) for existing contamination, contribution protection, and third party liability protection for NRPs.
PROGRAM ELEMENTS
Methods/Standards/Controls
No formal Risk-Based Corrective Action (RBCA) process is in place for hazardous substances; the 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.
Contaminants Covered
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 Underground Storage Tank (UST) program, depending on
the source of the contamination.
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. For sites where the Brownfields Program has implemented ICs, the sites are required to certify
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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.
• 1C Tracking: South Carolina maintains a database that tracks ICs 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.
• 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.scdhec.gov/apps/environment/PublicRecord/
PROGRAM HIGHLIGHTS
The 1910 Building was originally built and served as the Victoria Yarn Mill #2 until the depression of 1930. In 1936 the building was purchased
by the Rock Hill Body Company which became one of the earliest makers of truck bodies and school bus bodies in the Southeast, until closing
in 1987. The goal of this project was to restore the old building to create 21 family rental apartments along with the construction of 18 single-
family rental houses on the approximately 8-acre property. This project is a unique blend of historic and new that provides affordable low-income
housing to a distressed part of Rock Hill. The 1910 Building is on the federal historic registry and federal funds were used to bring the property
and the neighborhood back to life. This brownfields redevelopment is part of a larger plan to revitalize the Hagins-Fewell old mill neighborhood of
the City of Rock Hill. The city took this opportunity to invest in major infrastructure improvements by installing sidewalks, street lighting, curbs and
neighborhood entrance signs around the development. This brownfields redevelopment provided temporary jobs during the recent recession and
permanent jobs where none existed since 1987.
The Developer entered into a Voluntary Cleanup Contract with the state's Section 128(a) Response Program. Environmental assessments
revealed the presence of volatile organic compounds (VOCs), semi-VOCs and heavy metals within the surface and subsurface soils. While many
remedial technologies were considered, a grid pattern sampling assessment and excavation and removal of impacted areas was determined as
the best approach. Nearly 300 tons of soil was excavated and disposed of at a Subtitle D Landfill. This project was completed in January of 2011.
A Certificate of Completion for the Brownfields Non-Responsible Party Voluntary Cleanup Contract is dated February 4, 2011. The cost of the
environmental work was $90,500.00. Other funding sources leveraged included: IRS Section 42 Federal 9% Low-Income Housing Tax Credits
converted to cash through the Federal Exchange Program; Department of Housing and Urban Development (HUD) funds through the Federal
HOME Program; Federal and State Historic Tax Credits; and State Textile Mill Tax Credits. The total development cost was $8,633,223.
Before picture of the former 1910 Building
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://www.scdhec.gov/HomeAndEnvironment/Land/UndergroundStorageTanks/
Dry Cleaning Program
http://www.scdhec.gov/HomeAndEnvironment/Land/DryCleaningSites/
Superfund Program
http://www.scdhec.qov/HomeAndEnvironment/Pollution/CleanUpProqrams/Superfund/
After picture of the former 1910 Building
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TENNESSEE
Voluntary Cleanup, Oversight, and Assistance Program (VOAP)
Tennessee Department of Environment and Conservation (TDEC)
Division of Remediation
4th Floor, L&C Annex
401 Church Street
Nashville, TN 37243-1538
http://www.tn.qov/environment/remediation voluntary-cleanup.shtml
Contact(s): Andy Shivas
Andy.Shivas@tn.gov
615-532-0912
Program Overview
Cost to Enter the Program: $750 plus
additional charges
Liability Relief Provisions
Tax Incentives
Tennessee Brownfields Redevelopment
Toolbox
PROGRAM
The Voluntary Cleanup Oversight and Assistance Program (VOAP) offers entities the opportunity to work proactively with state government to
address necessary cleanup of a property to return it to productive use. In return for their efforts, participants can receive a No Further Action
(NFA) letter and a release of liability for areas where investigation and cleanup is conducted. The program is open to everyone with an interest in
addressing contamination at a site, http://www.tn.gov/environment/remediation voluntary-cleanup.shtml
• Funding Source(s) for the Program: VOAP General Fund, State Remedial Action Fund, and federal grants.
• Cost 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.
• Sites Enrolled in VOAP: As of June 2014, 135 sites are enrolled in the VOAP.
• Sites Completed under VOAP: As of June 2014, 110 sites have received NFA letters.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Dry Cleaning Environmental Response Program Trust Fund (DCERPTF) can 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.
Incentives
Tax increment financing (TIF) can be used by local governments that have jurisdiction over any part of a brownfields project. In 2010,
legislation was passed allowing for a brownfield property tax credit at qualified brownfield properties.
http://state.tn.us/sos/acts7106/pub/pc1134.pdf
The following is an excerpt from the law: 'Effective June 30, 2010, a franchise and excise tax credit equal to 50% or 75%, depending on the
amount of capital investment ($25 million or $200 million, respectively) of the purchase price of Brownfield property purchased in Tennessee
for the purpose of a qualified development project. The total value of credits authorized is capped at $10 million per year and allows the
credit to be used for development projects using non-prime agricultural properties in any year in which credits remain available. "Brownfield
property" is defined as real property that is the subject of an investigation or remediation as a Brownfield project under a voluntary
agreement or consent order pursuant to Tenn. Code Ann. Section 68-212-224. [Tenn. Code Ann. Section 67-4-2009]'
Liability Relief Provisions
Participants can receive a NFA letter and release of liability under any statute administered by the Tennessee Department of Environment
and Conservation (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.
Tennessee Brownfields Redevelopment Toolbox
The purpose of this Toolbox is to explain the brownfields process in straightforward terms, and provide rural and smaller city governments/
entities/communities with a systematic, start-to-finish, guide to brownfields redevelopment.
http://tn.gov/environment/remediation brownfields-toolbox.shtml
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PROGRAM ELEMENTS
Methods/Standards/Controls
EPA Region 9 Preliminary Remediation Goals (PRG) 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-specific assessment with standards based on risk. Applicants can also request or develop standards based on future use.
Contaminants Covered
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.
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 ICs.
• 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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://www.tn.gov/environment/dataviewers.shtml
PROGRAM HIGHLIGHTS
The Greater Memphis Greenline in Shelby County, a non-profit organization devoted to creating and promoting an integrated multi-use trail
network throughout Memphis, transformed a 13.3-mile stretch using a U.S. Environmental Protection Agency (EPA) Section 104(k) Brownfields
Assessment grant and Section 128(a) Response Program funding. The hazardous substance Assessment grant, awarded in 2008, was used
to assess a stretch of 100-foot wide abandoned railroad corridor running from Cordova to Memphis. The area around this corridor became a
dumping ground for household and industrial debris overthe last several decades. TDEC then used Section 128(a) Response Program funding
to provide oversight of cleanup activities. The corridor was redeveloped as a rails-to-trails green space for residents to use for walking, bicycling,
and other recreational activities.
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://tn.gov/environment/underqround-storaqe-tanks/
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EPA REGION 5
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Brownfields Assistance Program and Site Remediation
Program (SRP)
Illinois Environmental Protection Agency (IEPA)
Bureau of Land
1021 North Grand Avenue East
Springfield, IL 62794-9276
http://www.epa.state.il.us/land/cleanup-proqrams/
Contact(s): Heather Nifong
Heather.Nifonq@illinois.gov
217-785-4729
Program Overview
Brownfields Program
Cost to Enter the Program: User fees
MOA with EPA Region 5 (April 1995)
Liability Relief Provisions
PROGRAM
Brownfields Assistance Program -The Office of Brownfields Assistance manages the Brownfields grant and loan programs and offers
technical support to communities through the services of its Brownfields representatives, http://www.epa.state.il.us/land/brownfields/index.html
Site Remediation Program (SRP) -The SRP cleanup program provides Remediation Applicants (i.e., any persons seeking to perform
investigative or remedial activities) the opportunity to receive IEPA review, technical assistance and No Further Remediation (NFR)
determinations from the IEPA. http://www.epa.state.il.us/land/site-remediation/index.html
• Funding Source(s) for the Program: User fees, cost recovery and federal grants.
• Cost 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.
• Sites Enrolled in VCP: As of June 2014, 766 sites are currently in the program.
• Sites Completed under VCP: As of June 2014, 3,472 sites have completed cleanups under the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• 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 interest free loans up to $1 million per site to municipalities for brownfields cleanups.
Sites must be enrolled in the SRP and investigation/cleanup activities must be approved. Municipality must own the site and demonstrate
the site has no Comprehensive Environmental Response Compensation and Liability Act (CERCLA) liability.
• Brownfields Environmental Assessments -The Office of Site Evaluation provides municipalities with site-specific assessments funded by
Illinois's Section 128(a) Response Program grant.
Liability Relief Provisions
The Site Remediation Program offers a No Further Remediation letter after cleanup meets the risk-based Tiered Approach to Correction
Action Objectives (TACO).
PROGRAM ELEMENTS
Methods/Standards/Controls
• Under TACO, the 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, soil gas 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 the application of institutional controls and engineered barriers. Tier
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3 is used to address situations where the 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 alternative modeling or full-scale risk
assessments are applied. Cleanup standards are based on relative risks to human health with a 10-6 carcinogenic risk goal.
Contaminants Covered
Petroleum and hazardous substances are included. Institutional controls are allowed under TACO and may include engineered barriers,
ground water restrictions, highway authority agreements, and land-use restrictions.
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 NFR letter.
Site Remediation Program 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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://epadata.epa.state.il.us/land/srp/
PROGRAM HIGHLIGHTS
Using Section 128(a) Response Program funding, IEPA completed a Phase
I environmental assessment at the Pullman State Historic Site, a 12-acre
parcel located at 111th Street and Cottage Grove Avenue in South Chicago
that operated as the Pullman Car Manufacturing Company. The Illinois Historic
Preservation Agency (IHPA) and the City of Chicago Department of Housing
and Economic Development requested the assessment in preparation for a
potential property transfer from IHPA to the National Park Service. Phase I
identified five recognized environmental conditions based on past operations:
a transformer pit, a potential underground storage tank, a former cooling pond
filled with slag, a Corliss Steam Engine that would have generated bottom ash
and heavy metals, and an automotive repair shop. IEPA provided the Phase I
report to IHPA in January 2014 and conducted the Phase II assessment field
work in April 2014. For more information about the effort to turn the Pullman
site into the country's first urban National Park:
http://www.npca.org/about-us/regional-offices/midwest/pullman/.
OTHER LAND PROGRAMS
Leaking Underground Storage Tanks (LUST) Program
http://www.epa.state.il.us/land/lust/index.html
Superfund Program
http://www.epa.state.il.us/land/cleanup-proqrams/cleanups-superfund.html
Pullman State Historic Site
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INDIANA
Brownfields Program at Indiana Finance Authority (IFA) and
Voluntary Remediation Program (VRP) at
Indiana Department of Environmental Management (IDEM)
Office of Land Quality
Indiana Brownfields Program
100 N. Senate Avenue, Room 1275
Indianapolis, IN 46204
Contact(s): Michele Oertel
moertel@ifa.in.gov
317-234-0235
Voluntary Remediation Program
P.O. Box 6015
Indianapolis, IN 46206-6015
Contact(s): Corey Webb
CWEBB@idem.IN.gov
317-234-0966
Program Overview
Brownfields Program & Voluntary
Remediation Program (VRP)
Cost to Enter the Program:
Brownfields - $0 / VRP - $1,000
VRP MOA with EPA Region
5 (December 1995; revisions
underway))
Liability Relief Provisions
PROGRAM
Indiana Brownfields Program -This is a resource for public and private brownfield stakeholders and a mechanism for the state to partner
with communities and eligible private entities to address environmental concerns to facilitate brownfield redevelopment. The main goal is to help
communities identify and mitigate environmental barriers that impede local economic growth by offering government assistance primarily for site
assessment and/or cleanup activities as an incentive for redevelopment or reuse of brownfield properties to revitalize communities. Since 2005,
the program has been managed by the Indiana Finance Authority (IFA), combining financial, legal, and technical resources, including IFA and
IDEM staff, http://www.in.gov/ifa/brownfields/
Voluntary Remediation Program (VRP) -The main goal of this program is to provide government approval for privately funded remediation
projects, some of which may be considered brownfields. http://www.in.gov/idem/4127.htm
• Funding Source(s) for the Program(s): State General Fund, State Cleanup Fund, and federal grants/cooperative agreements (competitive
and non-competitive).
• Cost to enter program or fees for service: The Indiana Brownfields Program is free (though 2007 state legislation allows for fees), and
costs for services are currently not recovered from program participants. The 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. The VRP recovers costs for project administration, technical evaluation, confirmatory sampling, and travel.
• Sites Enrolled in VCP: As of June 2014, there are 1,312 Indiana Brownfields Program sites and more than 831 VRP applicants.
• Sites Completed under VCP: As of June 2014, for the Indiana Brownfields Program, an approximate total of 696 closure/liability
interpretation letters (Comfort Letters , Site Status Letters, NFA Letters) and comment letters were issued; 47 Brownfield Determination
Letters (usually for tax incentives), and 148 Petroleum Eligibility Determination Letters were issued; more than 30 miscellaneous site support/
approval letters (usually for other agency funding) were issued; seven professional services awards (Auto Sector Initiative sites) were
issued; 433 grants were awarded; and 34 loans were closed (includes state low-interest loans and nine federal Revolving Loan Fund (RLF)
loans). Note that at the end of calendar year 2009, all state funding for the Indiana Brownfields Program was suspended indefinitely; at this
time, state-funded Stipulated Assessment and Remediation Grants, Petroleum Remediation Grants, and Low-interest Loans are no longer
available.
As of June 2014, 287 sites have successfully completed the VRP, and 338 sites remain active.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of financial assistance is available for brownfield reuse projects. Funding is not retroactive.
http://www.in.qov/ifa/brownfields/2366.htm
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Incentives
A variety of tax incentives are available to assist with brownfield reuse projects. This is the only type of "retroactive" funding.
http://www.in.gov/ifa/brownfields/2366.htmtttaxincentives
Liability Relief Provisions
• The Indiana Brownfields Program offers Comfort Letters and Site Status Letters to address environmental liability issues, the highest
forms of "comfort" and/or "closure" offered at this time. Requests for Comfort and/or Site Status Letters can be submitted outside of any
financial assistance. Sites assessed/remediated with federal and/or state brownfield funds may enter the IDEM VRP for a Certificate of
Completion (COC) or Covenant Not to Sue (CNTS).
• The IDEM VRP offers the highest form of liability protection through a COC issued by IDEM, followed by a CNTS from the Governor's
office; contaminated sites that are not subject to enforcement action or considered an imminent threat to human health are eligible.
PROGRAM ELEMENTS
Methods/Standards/Controls
• A risk-based process (Risk-Based Corrective Action-like) is in place. IDEM's Remediation Closure Guide (RCG) allows for consistent,
risk-based standards among all IDEM cleanup programs (and the Indiana Brownfields Program). RCG that is being utilized replaces the
former Risk Integrated System of Closure (RISC) that had been utilized since 2002.
• Indiana developed risk-based residential and commercial/industrial screening level criteria for soil and ground water contaminants and
allows for site-specific risk assessments to determine alternative site closure levels.
• In addition to risk-based numeric standards, both the Indiana Brownfields Program and VRP consider risk management practices in
evaluating sites.
Contaminants Covered
• Both programs cover hazardous substances and petroleum. Risk-based screening levels have been developed for approximately 150
common constituents, excluding asbestos.
• In the Indiana Brownfields Program, asbestos, lead paint, and PCBs are eligible contaminants for program assistance under certain
circumstances, as well as other Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous
substances and petroleum.
• In the VRP, petroleum and PCBs are eligible; asbestos and lead paint are not.
Institutional Controls (1C)
Both programs generally view ICs as acceptable. ICs are considered under IDEM's RCG 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; legislation passed in 2009 requires IDEM to consider Environmental Restrictive Ordinances as an
effective 1C. IDEM also developed and maintains an Institutional Controls Registry to track Environmental Restrictive Covenants.
• 1C Tracking: Tracked by individual programs (including Indiana Brownfields Program and VRP) 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 and Monitoring: IDEM staff are primarily responsible for this activity.
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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://www.in.gov/idem/6551 .htm
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PROGRAM HIGHLIGHTS
In response to limited resources and the multi-disciplinary nature of brownfields, the Indiana
Brownfields Program focuses on sustainable partnerships and leveraging of a variety of
resources to facilitate brownfield redevelopment. As an example of government-assisted site
success, the Indiana Brownfields Program utilized its Section 128(a) Response Program
funding from U.S. Environmental Protection Agency (EPA) to conduct technical oversight
for environmental activities and to issue a Brownfields Comfort Letter to address liability
concerns at the 40+-acre former Reilly Tar/Vertellus located at 1500 (&1800) South Tibbs
Avenue in Indianapolis, Marion County (Site). The Site, which has a long history as a
Superfund site, was redeveloped as the Maywood Solar Farm through multiple resources
and partnerships, including EPA and supporting EPA's Re-Powering America's Land
Initiative. See related news articles at
http://www.ibj.com/largest-solar-farm-on-superfund-site-goes-online/PARAMS/article/47259 Former Reilly Tar/Vertellus redeveloped as
and http://www.insideindianabusiness.com/newsitem.asp?ID=64576. Maywood Solar Farm
OTHER LAND PROGRAMS
IDEM Leaking Underground Storage Tanks (LUST) Program
http://www.in.gov/idem/4997.htm
IDEM Excess Liability Trust Fund (ELTF) Program
https://secure.in.gov/idem/5063.htm
IDEM State Cleanup Program
http://www.in.gov/idem/4179.htm
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MICHIGAN
Brownfield Redevelopment Assessment Program and Cleanup and
Redevelopment Program
Michigan Department of Environmental Quality (DEQ)P.O. Box 30426
Lansing, Ml 48909
http://www.michigan.gov/deqbrownfields
Contact(s): Carrie Geyer
Brownfield Redevelopment Program
geyercl @michigan.gov
517-284-5182
Joseph Walczak
Brownfield Redevelopment Assessments
walczakj@michigan.gov
517-284-5167
Karen Kligman
Environmental Remediation and Liability
kligmank® michigan.gov
517-284-5120
Jeanne Schlaufman
Baseline Environmental Assessments
schlaufmanjl @ michigan.gov
586-753-3823
Program Overview
Brownfield Program
Cost to Enter the Program: None
MOA with EPA Region 5 (July 1996)
Liability Relief Provisions
Tax Incentives
PROGRAM
Michigan created options to overcome the obstacles of brownfield redevelopment, including cost-effective cleanup options, causation-based
liability, liability protection for new owners, state funding for cleanups, and grant and loan programs. Innovative use of available federal, state, and
local resources can be incorporated into redevelopment incentives to support expansion and to encourage business investment and expansion in
Michigan, http://www.michigan.gov/deqbrownfields
• Funding Source(s) for the Program: Various environmental state restricted funds, bond funds, and federal grants.
• Cost to enter program or fees for service: No Fees. Private owners can conduct cleanups under Part 201, Environmental Remediation, or
Part 213, Leaking Underground Storage Tanks, of the Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended.
• Sites Enrolled in VCP: Sites are not enrolled. The DEQ conducts state-funded and managed response activities at sites where the liable
party is not available or not viable.
• Sites Where Cleanup Activities Have Occurred: As of June 2014, DEQ had provided oversight or assistance on more than 10,000 cleanup
projects.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• Brownfield Redevelopment Grant Program offers municipalities grants of up to $1,000,000 for investigation and cleanup activities on
brownfield properties with a proposed redevelopment. The municipality does not need to own the property
• Brownfield Redevelopment Loan Program offers municipalities loans of up to $1,000,000 for investigation and cleanup activities on
brownfield properties. The municipality does not need to own the property.
• Tax increment financing for environmental activities is available to brownfield redevelopment authorities to promote redevelopment of
contaminated properties. A list of established brownfield authorities, local contact information, and links to the updated brownfields
legislation can be found at the link below.
• Michigan's EPA 128a Brownfield Grant is utilized to provide Targeted Brownfield Site Assessments for municipalities with qualifying
properties.
• More information regarding all of these programs can be found at: http://www.michigan.gov/deqbrownfields
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Incentives
A variety of additional financial incentives including tax increment financing for non-environmental activities and community redevelopment
grants are available to assist with brownfields reuse projects from the Michigan Economic Development Corporation. More information
regarding these programs can be found at the following link: http://www.michiganadvantage.org/Grow-Your-Business/
Liability Relief Provisions
Completing a Baseline Environmental Assessment (BEA) and submitting it to 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. A BEA does not provide liability protection at sites regulated by the federal Resource Conservation and Recovery Act
(RCRA), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
Tax increment financing and community redevelopment grants are available to brownfields redevelopment authorities in order to promote
redevelopment of contaminated, blighted and functionally obsolete sites as well as properties controlled by a land bank. A list of established
brownfields authorities, local contact information, and links to the updated brownfields legislation are found at:
http://www.michiqan.qov/deq/0,1607,7-135-3311 4110 23246—,00.html
PROGRAM ELEMENTS
Methods/Standards/Controls
• Risk-based standards are in place for soil and ground water based on residential and non-residential land-use categories.
• A property is considered 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.
• Michigan DEQ also allows for the development of alternate criteria levels with the performance of site-specific risk assessments.
Contaminants Covered
Program covers petroleum and hazardous substances.
Institutional Controls (1C)
Land and resource-use restrictions are an integral part of Michigan's cleanup and redevelopment program. Michigan DEQ has established a
tracking system for land and resource-use restrictions that are submitted to the state. This system includes a web-based mapping application
that identifies properties with ICs.
PROGRAM HIGHLIGHTS
The Remediation and Redevelopment Division convened a Collaborative Stakeholders Initiative (CSI) in 2012, made up of dozens of key
stakeholders in an effort to transform the cleanup and redevelopment program. The initiative focused on seven key areas: brownfield
redevelopment, cleanup criteria, due care obligations, free product/source removal/ground water/surface water interface, Part 201 rules,
and vapor intrusion. Program and process improvements are continuing with stakeholder workgroups formed in 2014 to further focus on the
brownfield redevelopment program and the cleanup criteria.
More information about the Brownfield Continuous Program Improvement (CPI) Workgroup can be found at:
http://www.michigan.goV/deq/0,4561,7-135-3311 4109 9846 30022-319330--.00.html
More information about the Criteria Stakeholder Advisory Workgroup can be found at:
http://www.michiqan.goV/deq/0.4561,7-135-3311 4109 9846 30022-325789-.OO.html
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Northville Garage Redevelopment- Before
Northville Garage Redevelopment - After
Northville Garage Project: The city of Northville received Brownfield Redevelopment Grant Funding from the Michigan DEQ to facilitate the
redevelopment of a former dry cleaner and gas station. The .45-acre site was heavily contaminated with dry cleaning solvents and petroleum
products from historical operations. Grant funds were used to address the environmental impacts on the site and allow the building to be
redeveloped into a popular grill restaurant called the Garage.
OTHER LAND PROGRAMS
Leaking Underground Storage Tank (LUST) Program
http://www.michigan.gov/deq/0,1607,7-135-3311 4109 4215—,00.html
Superfund Program
http://www.michiqan.qov/deqsuperfund
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MINNESOTA
Voluntary Investigation and Cleanup (VIC) Program and
Petroleum Brownfields (PB) Program
Minnesota Pollution Control Agency (MPCA), Remediation Division
520 Lafayette Road
St. Paul, MN55155
http://www.pca.state.mn.us/lupq7f9
Contact(s): Jessie Ebertz
PB Program
jessie.ebertz ©state.mn.us
651-757-2328
Gary Krueger
VIC Program
qary.krueqer® state, mn. us
651-757-2509
Program Overview
Brownfield Program
Cost to Enter the Program: Oversight
fees ($125 per hour)
MOA with EPA Region 5 (May 1995)
Liability Relief Provisions
Minnesota Brownfields Redevelopment
Toolbox
Minnesota Brownfield Resource Guide
PROGRAM
The Minnesota Pollution Control Agency (MPCA) offers technical and financial assistance to parties involved with brownfields. The MPCA can
also issue liability assurance letters through its Voluntary Investigation and Cleanup (VIC) and Petroleum Brownfields (PB) programs.
http://www.pca.state.mn.us/index.php/waste/waste-and-cleanup/cleanup/brownfields/index.html
• Funding Source(s) for the Program: State Cleanup Fund and federal grants.
• Cost to enter program or fees for service: $125 Hourly fee charged for MPCA staff time on brownfields projects.
• Sites Enrolled in Brownfields Programs: As of June 2014, 328 sites are active in the VIC Program and 371 sites are active in the PB
Program.
• Sites Completed under Brownfields Programs: As of June 2014, over 5,483 sites are completed (have received assurance letters) in
MPCA VIC and approximately 2,700 sites are completed in PBR
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans and technical assistance is available to assist with brownfields reuse projects. Minnesota's Brownfield Resource
Guide, prepared in partnership by Minnesota Department of Employment and Economic Development, Minnesota Pollution Control Agency,
and Minnesota Brownfields, provides a summary of sources of funding in Minnesota, most of which are provided by sources other than the
MPCA. http://www.pca.state.mn.us/lupg7f9
Liability Relief Provisions
MPCA offers liability assurances, including No Association Determinations, No Action Determinations, Off-site Source Determinations, and
Certificates of Completion for sites in the VIC Program. In addition, MPCA offers Tank Removal Verification, Off-site Source Determinations,
Site closure, and Closure Confirmation letters in the PB Program.
Brownfields Redevelopment Toolbox
Prepared by the MPCA, Minnesota Department of Agriculture (MDA), and the Association of State and Territorial Solid Waste Management
Officials (ASTSWMO) State Response and Brownfields Program Operations Task Force, the purpose of this Toolbox is to explain the
brownfields process in straightforward terms, and provide rural and smaller city governments/entities/communities with a systematic, start-
to-finish guide to brownfields redevelopment, http://www.pca.state.mn.us/lupg7f9
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PROGRAM ELEMENTS
Methods/Standards/Controls
Minnesota uses a risk-based approach that considers planned property use. Minnesota employs state surface water quality standards,
ground water standards, soil vapor standards, indoor air standards, and some EPA standards for various media, 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. Site-specific risk assessments can also be done in order to select
and apply cleanup values for sites, http://www.pca.state.mn.us/enzq83d
Contaminants Covered
The MPCA Brownfields Programs (VIC and PB) provide oversight of investigation and cleanup of releases to the environment of hazardous
substances and petroleum contamination. See below for agricultural contaminants.
Institutional Controls (1C)
ICs 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, in 2007.
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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.pca.state.mn.us/index.php/data/contaminated-sites.html
PROGRAM HIGHLIGHTS
Success stories illustrating sites at which private and public development projects were cleaned up and redeveloped in partnership with the VIC
and PB are posted on the MPCA website. New success stories are added monthly.
http://www.pca.state.mn.us/index.php/waste/waste-and-cleanup/cleanup/cleanup-success-stories/index.html
OTHER VOLUNTARY CLEANUP PROGRAMS
Agriculture Voluntary Investigation and Cleanup Program (AgVIC)
http://www.mda.state.mn.us/chemicals/spills/incidentresponse/agvic.aspx
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OHIO
Voluntary Action Program (VAP)/Site Assistance and Brownfield
Revitalization Program (SABR)
Ohio Environmental Protection Agency (OEPA)
Division of Environmental Response and Revitalization
P. O. Box 1049
Columbus, OH 43216-1049
Contact(s): Amy Yersavich, SABR Program Manager
amy.yersavich@epa.state.ori.us
614-644-2924
Ohio Development Services Agency, Office of Redevelopment
77 South High Street, 26th Floor
Columbus, OH 43215-6130
Contact(s): Thea Walsh, Deputy Chief
Thea.Walsh@development.ohio.gov
614-995-2292
Program Overview
Brownfield Program
Cost to Enter the Program: Fee
structure
MOA with EPA Region 5 (September
2007)
Liability Relief Provisions
Tax Incentives
Ohio Brownfields Redevelopment
Toolbox
PROGRAM
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, http://www.epa.state.oh.us/derr/volunt/volunt.aspx
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, Resource Conservation and Recovery Act (RCRA) corrective action).
http://www.epa.state.oh.us/derr/SABR/sabr.aspx
Office of Redevelopment's Brownfield Fund - Assists communities in creating wealth from personal, business, and community successes. The
Office of Redevelopment works to identify the resources and financing necessary to assess, clean up, and redevelop brownfields.
http://development.ohio.gov/cs/cs brownfield.htm
• Funding Source(s) fortheVCP Program: Program fees and federal grants
• Cost to enter VCP program or fees for service: Fee structure, http://www.epa.ohio.gov/portals/30/vap/docs/instr-att-fee.pdf
• Sites Enrolled in VCP: As of June 2014, 483 No Further Action (NFA) letters have been issued since the inception of the program in 1994.
• Sites Completed under VCP: As of June 2014, 441 properties have received a Covenant Not to Sue (CNTS) from Ohio EPA.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance, offered by Ohio EPA, Office of Redevelopment, and JobsOhio, are available to assist
with brownfields reuse projects
Ohio EPA: http://www.epa.ohio.gov/derr/SABR/Grant Assistance.aspx
ODSA Office of Redevelopment: http://development.ohio.gov/cs/cs brownfield.htm
JobsOhio: http://jobs-ohio.com/images/Revite Loan Assessment Grant APR2014.pdf
Incentives
Tax Abatement—upon issuance of a CNTS from the Director of the Ohio EPA for a remedy under the VAP, the Department of Taxation will
grant a tax exemption to the property (ORC 5709.87). http://www.epa.state.oh.us/portals/30/vap/docs/tax%20lncentives.pdf
Liability Relief Provisions
A person undertaking a voluntary action contract 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 an NFA letter 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 conducted properly, Ohio EPA can issue a CNS, which promises the volunteer that the State of
Ohio will not require further investigation or cleanup of the property. http://epa.ohio.gov/Portals/30/vap/docs/Fact%20Sheet.pdf
Ohio Brownfields Redevelopment Toolbox
The purpose of this Toolbox is to explain the brownfields process in straightforward terms, and provide rural and smaller city governments/
entities/communities with a systematic, start-to-finish guide to brownfields redevelopment.
http://www.epa.ohio.qov/portals/30/sabr/docs/ohio%20brownfield%20toolbox.pdf
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Small/Rural Community Brownfield Assistance Website
This website allows individuals interested in knowing what state, federal, and private brownfields technical and financial assistance and
incentives are available in Ohio. Information on the various programs is organized by the type of organization with oversight (e.g., federal,
state, regional, private). These can range from technical assistance in area-wide planning or completing grant applications, seed money from
foundations to leverage other sources of funding, in-kind services for assessment and sampling, grants and loans for brownfield cleanup and
development and serving disadvantaged communities, or tax credits for historic preservation.
http://www.epa.ohio.qov/derr/SABR/CommunitvBrownfieldFundinqResources.aspx
PROGRAM ELEMENTS
Methods/Standards/Controls
In accordance with Ohio Revised Code (ORC) Chapter 3746, Ohio EPA developed the original rules governing the VAP with considerable
input from a steering committee and technical subcommittees representing diverse interests, such as environmental advocacy groups,
manufacturers, environmental consultants, cities and counties, bankers, and medical professionals. The VAP reviews and revises rules
every five years with input from external stakeholders. For more information on the latest review and revision of the VAP rules, see Program
Highlights below, http://epa.ohio.gov/derr/derrrules.aspx
Contaminants Covered
Hazardous substances and/or petroleum. Sites contaminated with petroleum from Underground Storage Tanks (USTs), except in very
specific instances, are not allowed entry into the VAP (see Program Highlights below, which details new changes in petroleum LIST eligibility).
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.
Institutional Controls (1C)
Ohio EPA audits at least 25% of the properties taken through the VAP. Engineering controls are maintained through Operations and
Maintenance (O&M) Agreements. If the property's remedy relies on "activity and use limitations" (formerly known as use restrictions) to
restrict property use, the volunteer must provide 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.
• 1C Oversight and Monitoring: Ohio EPA inspects institutional controls (activity and use) every five years.
Ohio's Brownfields Inventory Database
An up-to-date online database of the brownfield properties in the state of Ohio that provides detailed property information. It also includes
Google Maps support to allow users to use features such as pan, zoom, MAP Views Terrain/Satellite/Hybrid, and "Street-view." Advanced
query grid tools allow you to filter, sort, group, and even export brownfields data. http://epa.ohio.gov/derr/SABR/brown dtb/browndtb.aspx
PROGRAM HIGHLIGHTS
Starting in late 2013, the Ohio EPA Division of Environmental Response and Revitalization conducted a five-year rule review of the VAP rules
in their entirety, in accordance with ORC §119.032. It was proposed that the regulations be amended to clarify eligibility for participation,
revise program fees to more closely match costs actually incurred by the Agency, revise the generic numerical risk standards, update the
property specific risk assessment procedures, clarify ground water classification and potable use response requirements, better define where
an urban setting designation may be applied, create a remediation modification process, revise variance protocol and include case-by-case
determinations, incorporate a new no NFA review process, include new audit section guidelines for NFA letters, and update other program
procedures. Ohio EPA received significant input from interested parties at various outreach events, and also met with developers, certified
professionals, and groups such as NAIOP (the Commercial Real Estate Development Association) to gain an understanding of various
perspectives during the formal early stakeholder outreach period. The rules were filed with Joint Committee on Agency Rule review (JCARR) on
April 24, 2014 and a public hearing was held at Ohio EPA on June 2, 2014. The rules will become effective on August 1, 2014.
http://epa.ohio.gov/derr/derrrules.aspx
OTHER LAND PROGRAMS
Federal Facilities
http://www.epa.state.oh.us/derr/ACRE/FFS/ffs.aspx
Remediation Program
http://www.epa.state.oh.us/derr/remedial/remedial.aspx
RCRA Corrective Action and Closure
http://epa.ohio.gov/derr/RCRA.aspx
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WISCONSIN
Remediation and Redevelopment Program
Wisconsin Department of Natural Resources (WDNR)
101 South Webster Street, Box 7921
Madison, Wl 53707-7921
http://dnr.wi.gov/topic/Brownfields/
Contact(s): Michael Prager
Land Recycling Team Leader
michael.praqer@wisconsin.gov
608-261-4927
Program Overview
Brownfield Program
Cost to Enter the Program: Fee structure
Financial Elements
Liability Relief Provisions
MOA with EPA Region 5 (November
2006)
Tax Incentives
Brownfields Insurance Program
PROGRAM
The WDNR's Remediation and Redevelopment Program provides technical and financial assistance and project oversight for local governments
and private parties to clean up and redevelop brownfields. Customers work with project managers in the WDNR regional offices, with
support from central office staff in Madison. All brownfields and voluntary cleanups are conducted in accordance with the Remediation and
Redevelopment Program's comprehensive One Cleanup Program, following the Wisconsin Natural Resources Chapter 700 Administrative
Code (Wis. Adm. Code) rule series for cleanup requirements; including federal underground storage tank (LIST), Resource Conservation and
Recovery Act (RCRA) corrective actions and closures, Superfund sites, and non-federal cleanups. Wisconsin does not have separate regulatory,
brownfields or voluntary cleanup programs.
• Funding Source(s) for the Program: State fund, program fees, and federal grants.
• Cost to enter program or fees for service: WDNR employs two fee structures for parties' assistance in the cleanup and redevelopment of
contaminated properties, depending on whether or not the site is seeking a Voluntary Party Liability Exemption.
http://dnr.wi.gov/topic/Brownfields/Fees.html
• Sites Enrolled: As of June 2014, more than 3,215 sites are being cleaned up in the traditional cleanup program, seeking closure letters.
Approximately 116 active sites are in the Voluntary Party Liability Exemption (VPLE) process, seeking Certificates of Completion (COC).
• Sites Completed: As of June 2014, more than 25,537 sites have received close-out letters and 145 sites have received COCs.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of state and federal grants, loans and technical assistance is available to assist with brownfields reuse projects.
http://dnr.wi.gov/topic/Brownfields/Financial.html
Incentives
A variety of tax incentives are available to assist with brownfields reuse projects. http://dnr.wi.gov/topic/Brownfields/Financial.html
Liability Relief Provisions
Program offers two primary forms of end-relief after cleanup is completed:
• Case closure letters - Per Ch. NR 726 for the traditional cleanup process.
• COCs - By entering the VPLE process, a party can earn a COC, which provides the party an exemption from future liability for past
contamination. The COC is transferable to new owners.
Wisconsin also offers liability exemptions for lenders, local governments and off-site property owners (i.e., neighboring owners impacted by
contamination migrating off-site). http://dnr.wi.gov/topic/Brownfields/Liability.html
PROGRAM ELEMENTS
Methods/Standards/Controls
Wisconsin has a soil cleanup standard rule (ch. NR 720, Wis. Adm. Code) that applies to all sites with soil contamination. The rule provides
a responsible party (RP) with options for addressing soil contamination. The RP and their consultant can either demonstrate that the site has
met site-specific soil cleanup standards developed using the methodology set out in the rule; or utilize performance standards (such as caps
or covers) to ensure that soil contaminants do not pose a threat to human health or the environment.
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Ground water must meet state enforcement standards or the RP must demonstrate that adequate source control measures have been
taken, the plume is stable or receding, and that natural attenuation will bring the ground water into compliance with standards within a
reasonable period of time. http://dnr.wi.gov/topic/Brownfields/Laws.html
One Cleanup Program
The WDNR and U.S. Environmental Protection Agency (EPA) Region 5 operate under the One Cleanup Program Memorandum of
Agreement (MOA) between the two agencies. The Memorandum is the first EPA-state MOA to address cleanup requirements across several
environmental media, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), RCRA, Toxic
Substances Control Act (TSCA) and leaking underground storage tanks (LUSTs). Wisconsin's program simplifies cleanups of contaminated
sites under different regulatory programs by providing a single, consolidated approach rather than utilizing a range of separate programs
with potentially conflicting approaches and cleanup standards, http://dnr.wi.gov/topic/brownfields/rrprogram.html
Contaminants Covered
All contaminants are included. Where federal requirements (e.g., RCRA or TSCA) apply, Wisconsin's One Cleanup Program clarifies state
and federal roles.
Institutional Controls (IC)/Continuing Obligations
Closures with residual contamination and certain remedial action approvals include ICs or "continuing obligations," legal and engineering
requirements needed by current/new property owner(s) to maintain certain safeguards. These obligations include properly handling
excavated contaminated soil, obtaining state approval before constructing a water supply well, maintaining a pavement cap over a
contaminated area and complying with other property-specific obligations defined by the state.
http://dnr.wi.gov/topic/Brownfields/Residual.html
Three general situations where the state imposes property-specific continuing obligations are when:
• An engineering control requires long-term maintenance;
• A building or other structure that inhibited full investigation of the contamination is removed and further investigation and cleanup
becomes possible; and
• 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 legally enforceable through a specific state law—not a site-specific deed instrument—and are applied to a site via
the state's closure or remedial action plan approval. These documents are available to the public via the WDNR's online database.
• 1C Tracking: Sites with ICs/continuing obligations are tracked using the following link: http://dnr.wi.gov/topic/Brownfields/clean.html
• 1C Oversight: Each state regulatory agency has oversight for its own continuing obligations.
• 1C Monitoring: As of May, 2014, DNR has audited nearly 500 properties with continuing obligations per year using its EPA Section 128(a)
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.
PROGRAM HIGHLIGHTS
The 2.43-acre Kwik Trip property in La Crosse, was once the location of a large dry cleaning facility and a warehouse. These two formerly
contaminated sites are now the home of a new $13 million, 72,000 sq.ft. commercial bakery expansion that will provide food goods for Kwik
Trip's growing statewide network of gas station convenience stores.
In early 2013, the city of La Crosse acquired the warehouse parcel and entered into a long-term lease with Kwik Trip, in conjunction with a
development agreement, for use of the land. The city condemned the dry cleaning facility parcel in 2009 for a street improvement project. Both
parcels are included in the boundaries of TIP 13, also known as the KwikTripTIF, which is supporting a major expansion of numerous KwikTrip
facilities, including a dairy, hygiene lab, ice plant, and warehouse. These projects have created several hundred new jobs and added over $30
million to the local tax base.
To make this redevelopment project happen, DNR worked closely with the city to assess and remediate significant tetrachloroethylene (PERC)
contamination in soil and groundwater on both parcels. In addition to technical support, DNR's Ready for Reuse loan program, funded by EPA,
provided the city with a no- interest $312,000 loan to help pay for the cleanup.
The loan was awarded on May 14, 2013, and remedial excavation began on May 21. KwikTrip began construction of the expanded bakery facility
shortly thereafter. The 72,000-square-foot expansion supports a new freezer, cooler dock, cooler warehouse, dry warehouse and expanded
production area. The $13 million new facility is designed to generate efficiency and product quality improvements. The freezer will begin operating
in the Spring of 2014, with the remaining areas of the project set to be completed later in 2014.
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EPA REGION 6
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ARKANSAS
Brownfields Program
Arkansas Department of Environmental Quality (ADEQ)
Hazardous Waste Division
5301 Northshore Drive
North Little Rock, AR 72118-5317
http://www.adeq.state.ar.us/hazwaste/
Contact(s): Terry Sligh
Environmental Program Coordinator
terry ©adeq.state.ar. us
501-682-0867
Program Overview
Brownfield Program
Cost to Enter the Program: N/A
MOA with EPA Region 6 (December
2000)
Liability Relief Provisions
PROGRAM
The Arkansas Department of Environmental Quality (ADEQ) is administering its Brownfields Program to redevelop properties with either real or
perceived hazardous substance contamination. ADEQ hopes to encourage the development of brownfields as a sustainable land use policy and
discourage the development of greenfields or pristine properties in the State of Arkansas, http://www.adeq.state.ar.us/hazwaste/bf/default.htm
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: A fee schedule has not been established for the Brownfields Program.
• Sites Enrolled in VCP: As of June 2014, 98 sites were enrolled in the Brownfields Program.
• Sites Completed under VCP: As of June 2014, 33 Certificates of Completion have been issued.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Arkansas Brownfields Program Section 128(a) Response Program funding is available to municipalities, quasi-governmental organizations
and nonprofits for Comprehensive Site Assessment and minor site cleanup. ADEQ may spend up to $200,000 per site for environmental
site assessments under ADEQ's Targeted Brownfields Assessment (TBA) Program. The state performs targeted site assessments to
characterize the nature and extent of site contamination. This characterization is at no cost to an eligible program participant, and provides
assistance in quantifying the need for and potential cost of cleanup.
http://www.adeq.state.ar.us/hazwaste/bf/default.htmttFinancialAssist
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.
PROGRAM 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.
Contaminants Covered
TBA funding may only be used at sites as authorized by the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986. The site must be contaminated
or suspected to be contaminated with hazardous substances to be enrolled in the VCP. Asbestos surveys are also provided by the TBA
program but are not eligible for VCP enrollment.
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Institutional Controls (1C)
Arkansas does not have a system to monitor or enforce long-term stewardship and ICs. ICs are listed in the Arkansas Record of Brownfields
Projects, which is available on the website.
• 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 ICs. This link also provides
additional information regarding contaminated sites in the state, http://www.adeq.state.ar.us/hazwaste/bf/brownfield.asp
PROGRAM HIGHLIGHTS
The Arkansas Brownfields Program enabled Our House, Inc. to turn a lot containing a run-down old power plant into a brand-new Children's
Center, which serves 150 homeless and near-homeless children each day in Little Rock, Arkansas. The environmental issues with the property
were one the biggest uncertainties for the entire project. The Arkansas Brownfields Program provided technical support and environmental
assessments to determine the contamination present on the site. The Arkansas Brownfields Program spent approximately $115,000.00 in
Targeted Assistance Brownfields grant funds to enable Our House Inc. to redevelop the property. The Arkansas Brownfields Program gave Our
House, Inc. the confidence that the site would be a safe place to build the new Children's Center.
OTHER LAND PROGRAMS
Regulated Storage Tanks (RST) Program
http://www.adeq.state.ar.us/rst/default.htm
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LOUISIANA
Voluntary Remediation Program (VRP) / Brownfields Initiative
Louisiana Department of Environmental Quality (DEQ)
P.O. Box 4314
Baton Rouge, LA 70821-4314
www.deq.la.gov/brownfields
Contact(s): brownfields@la.gov
225-219-3536
Program Overview
Brownfield Program
Cost to Enter the Program: $500
MOA with EPA Region 6 (October 2004)
Liability Relief Provisions
PROGRAM
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, www.deq.la.gov/brownfields
• Funding Source(s) for the Program: Federal grants (90%) and state cleanup fund (10%).
• Cost to enter program or fees for service: $500. Applicant must reimburse the Louisiana Department of Environmental Quality (DEQ) for
the actual direct costs of oversight. Waivers for oversight costs are available to government and nonprofit VRP applicants as funding permits.
• Sites Enrolled in VCP: As of June 2014, 127 sites were enrolled in the program.
• Sites Completed under VCP: As of June 2014, 63 Certifications of Cleanup (COC) were issued, and 11 No Further Action (NFA) letters were
issued.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Louisiana Brownfields Cleanup Revolving Loan Fund
Liability Relief Provisions
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 Louisiana DEQ following public notice and the opportunity for a public hearing in the affected community.
http://www.deq.louisiana.qov/portal/Portals/0/planninq/reqs/eqa.pdf
PROGRAM ELEMENTS
Methods/Standards/Controls
10-4 to 10-6 and Hazard Index of 1; three tiers of Management Options under Risk Evaluation/Corrective Action Program (RECAP).
Contaminants Covered
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).
Institutional Controls (1C)
Use restrictions for partial voluntary remedial actions.
• 1C Tracking: ICs 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 ICs. This link also provides additional information
regarding contaminated sites in the state, http://map.deq.state.la.us/index2.htm
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PROGRAM HIGHLIGHTS
Louisiana DEQ used its Section 128(a) Response Program funding to conduct cleanup activities at several sites. During the summer of 2010,
cleanups at the Mid City Redevelopment Alliance headquarters (Baton Rouge) (former car dealership and auto service) and the Volunteers of
America of Northwest Louisiana (Shreveport) were completed. Cleanup of two properties in Shreveport—the former City Hall Annex, which
will become the new Greyhound Multi-Modal Terminal facility, and the former Central Fire Station, which will become the new headquarters for
the Shreveport Arts Council—were funded by Revolving Loan Fund (RLF) Response Program funding and were completed in 2011. A cleanup
of a former gas station along the Enterprise Boulevard Corridor project (Lake Charles), as well as a cleanup of a former gas station property,
which will be the new Westwego Governmental Building Complex (Westwego, in the metro New Orleans area), were completed in the summer
2012. Louisiana DEQ completed the second Targeted Brownfields Assessment (TBA) contract, accomplishing over 20 assessments. In addition,
Louisiana DEQ completed the third contract (TBA III), including a focus on the historic Shreveport Commons area near downtown Shreveport, as
well as other promising properties throughout the state.
OTHER LAND PROGRAMS
Underground Storage Tank (UST) Program
http://www.dea.louisiana.aov/portal/tabid/2674/Default.aspx
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NEW MEXICO
Voluntary Remediation Program (VRP)
New Mexico Environment Department (NMED)
Harold Runnels Building
1190 St. Francis Drive
P.O. Box 5469
Santa Fe, NM 87502
http://www.nmenv.state.nm.us/
Contact(s): Pam Homer
Program Manager
pamela.homer@state.nm.us
505-827-2754
Michelle Hunter
VRP Scientist
michelle.hunter@state.nm.us
505-827-0071
Program Overview
Voluntary Remediation and Brownfields
Program
Cost to Enter the Program: $1,000 plus
oversight fees for VRP; no cost for TEA
services
MOA with EPA Region 6 (December 1999)
Liability Relief Provisions
PROGRAM
New Mexico's Voluntary Remediation Program (VRP), established in 1999, provides incentives for the voluntary assessment and remediation
of contaminated properties, with oversight by the New Mexico Environment Department (NMED); it removes future liability of lenders and
landowners. The VRP is intended to encourage redevelopment of contaminated sites (i.e., brownfields) by providing a streamlined, non-punitive
remediation process. http://www.nmenv.state.nm.us/gwb/RemediationOversight/VRP.html
• Funding Source(s) for the Program: Federal grants, Revolving Loan Fund (RLF) repayments and oversight fees.
• Cost to enter the VRP: As of October 2012, there were 33 actives sites in the program.
• Sites Enrolled in VRP: As of June 2014, there were 30 actives sites in the program.
• Sites Completed under VRP: As of June 2014, 72 sites had completed cleanups through the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
EPA's Targeted Brownfields Assessment (TBA) funding enables NMED to offer Phase I and II assessments and remediation planning for
sites owned by local/tribal governments or nonprofit organizations. Low-interest loans for remediation are available to public and private
entities through NMED's Brownfields Revolving Loan Fund. http://www.nmenv.state.nm.us/gwb/RemediationOversight/Brownfields.html
Liability Relief Provisions
Upon successful completion of a voluntary remediation project, NMED provides a Covenant Not to Sue (CNTS) 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 voluntary remediation agreement and over which NMED has authority.
PROGRAM ELEMENTS
Methods/Standards/Controls
Voluntary remediation activities must achieve applicable standards, or where applicable standards are not prescribed, a site-specific human-
health and environmental risk assessment may be performed to identify risk-based cleanup levels.
Contaminants Covered
Solid waste, hazardous waste, Comprehensive Environmental Response Compensation and Liability Act (CERCLA) hazardous substances,
and any substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological quality of water.
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Institutional Controls (1C)
Conditional Certificates of Completion are issued if monitoring, engineering controls, remediation systems, post-closure care, or affirmation
of future non-residential land use are necessary to ensure that the performance standard is achieved. NMED performs periodic audits of
required institutional or engineering controls.
The following Web address is a direct link to the state's public database that maintains an inventory of sites, and/or tracks ICs. This link also
provides additional information regarding contaminated sites in the state. http://www.nmenv.state.nm.us/gwb/RemediationOversightA/RP.html
PROGRAM HIGHLIGHTS
The Lexington Hotel is located on historic Route 66 in Gallup, New Mexico,
near the Navajo Nation and Zuni Pueblo Reservations. The 1930s-era hotel was
showing its age when the nonprofit organization Community Area Resource
Enterprise, Inc. (CARE 66) acquired the property in 2009. CARE 66 had a vision
to provide supportive and transitional housing for low-income individuals. Phase
I and II environmental site assessments funded by EPA Region 6 Assessment
grants revealed the need for asbestos remediation. In 2011, NMED used its
Section 128(a) State Response Program funding to assess alternatives and
develop the remediation and quality assurance plans with community input. CARE
66 then obtained an American Recovery and Reinvestment Act (ARRA) sub-
grant through NMED's Brownfields Revolving Loan Fund to complete the cleanup.
Additional support for the Lexington's $2.3M rehabilitation came from the Navajo
Housing Authority, the Department of Housing and Urban Development (HUD)
Rural Housing and Economic Development, the New Mexico Legislature, the
U.S. Congress, the Daniels Fund, and a local Gallup family. The renovation was
completed and the new facility began operating in 2012.
The Lexington Hotel after Renovations
The Luna Lodge after Renovations
The Luna Lodge was built in 1950 during the golden age of Route 66 tourism. The
28-room lodge was built in the typical motor court style of the time and is largely
unaltered. It was placed on the National Register of Historic Places in 1998. Luna
Lodge was vacant for several years and is in an area that has been targeted by the
City of Albuquerque for significant revival. New Life Homes, a nonprofit agency that
provides permanent housing for clients with special needs and other disabilities,
has rehabilitated Luna Lodge into apartment units. The facility includes a community
room and a training kitchen that serves as a small business incubator and a resource
for residents looking to learn food industry skills. The restoration project preserves
the historical significance and Pueblo Revival style architecture of Luna Lodge. The
redeveloped site features a 30-unit apartment complex that provides affordable
housing for previously homeless residents and residents with special needs
OTHER LAND PROGRAMS
Petroleum Storage Tank Bureau
http://www.nmenv.state.nm.us/ust/ustbtop.html
Superfund Program
http://www.nmenv.state.nm.us/awb/NMED-GWQB-SuperfundOversiaht.htm
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OKLAHOMA
Brownfields Program
Oklahoma Department of Environmental Quality (DEQ)
Land Protection Division
P.O. Box 1677
Oklahoma City, OK 73101-1677
http://www.deq.state.ok.us/lpdnew/
Contact(s): Rita Kottke
Brownfields Manager
Rita.Kottke@deq.state.ok.us
405-702-7100
Brownfields Program
Oklahoma Corporation Commission (OCC)
Oil and Gas Conservation Division
P.O. Box 52000
Oklahoma City, OK 73152-2000
http://www.occeweb.com/og/brownfields.htm
Contact(s): Patricia Billingsley
Brownfields Manager
P.Billingsley@occemail.com
405-522-2758
Program Overview
Brownfields Program (DEQ and OCC)
Cost to Enter the Program:
Reimbursement of Oversight costs
(DEQ); No Cost (OCC)
MOA with EPA Region 6 (April 1999)
(DEQ)
Liability Relief Provisions (DEQ)
Financial Incentives (DEQ)
PROGRAM
The Oklahoma Department of Environmental Quality (DEQ) Brownfields Program provides a means for private parties, public and governmental
entities, and nonprofits to voluntarily investigate and, if warranted, clean up properties that may be contaminated by pollution. The brownfields
process includes a Consent Order for site characterization and remediation, http://www.deq.state.ok.us/lpdnew/brownfindex.html
The Oklahoma Corporation Commission's (OCC) Voluntary Cleanup and Brownfields Programs provide a means for private parties, public and
governmental entities, and nonprofits to voluntarily investigate and, if necessary, clean up properties that may be contaminated with petroleum,
produced water/brine, gasoline, diesel or other deleterious wastes from oil and gas exploration and production (Oil and Gas E&P) related sites,
or from leaking underground petroleum storage tank (PST) sites. This program also issues state Petroleum Eligibility letters and helps arrange
funded assessments and cleanups through the Oklahoma Energy Resources Board (OERB) or the Petroleum Storage Tank (PST) Division's
Indemnity fund, or an EPA Targeted Assessment, http://www.occeweb.com/og/brownfields.htm
• Funding Source(s) for the Program: Federal grants, Oversight Cost Reimbursement (DEQ); State Cleanup Funds (OCC).
• Cost to Enter Program or Fees for Service: Oversight cost reimbursement (DEQ); None (OCC).
• Sites Enrolled in VCP:
• DEQ-As of June 2014, 34 sites were currently enrolled in the program.
• OCC -As of June 2014, 1,945 sites, mainly rural, have been inspected and evaluated between brownfields-qualified (510) and simple
junk and debris sites. Of the brownfields-qualified sites, 461 have been referred to OERB for cleanup. This year so far, 229 inspected sites
have been inspected. Fifteen sites, complex and/or urban, are currently enrolled in the OCC program for a cleanup with Certificate.
• Sites Completed underVCP:
• DEQ - As of June 2014, 20 Brownfields Certificates of No Action Necessary have been issued. Fourteen Brownfields Certificates of
Completion (COC) have been issued.
• OCC - As of June 2014, four sites have completed the OCC Brownfields Program and been given a COC. So far 80% of the brownfields-
eligible sites referred to OERB have had an OERB cleanup completed or are scheduled for a cleanup.
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FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• DEQ provides Targeted Brownfields Assessments (TBA) to public entities and nonprofit groups. Low-interest loans and grants are available
to nonprofit and public entities for cleanup. Public, nonprofit and private entities may obtain low interest loans from DEQ's Brownfields
Revolving Loan Fund (RLF).
• The State Clean Water Revolving fund may be accessed for the cleanup of brownfields that have the potential to impact waters of the
state.
• OCC provides no-cost Electromagnetic (EM) sites surveys to public and private entities enrolled in the program, and refers governmental
and nonprofit owned sites to EPAforTBAs. It also inspects and refers sites to the Oklahoma Energy Resources Board for a funded oil and
gas site assessment and cleanup, and eligible PST sites to the state Petroleum Storage Tank Indemnity Fund.
Incentives
Oklahoma Sales Tax Code exempts state sales tax on machinery, fuel, chemicals, and equipment used in cleanup projects under DEQ
authorities. Basic industries that locate their primary business on a DEQ brownfield site may qualify for incentive payments under the
Oklahoma Quality Jobs Act. http://www.deq.state.ok.us/lpdnew/Brownfields/brownfiledsfinancialincentives 5-15-12.pdf
Liability Relief Provisions
For completed brownfields actions, for which DEQ has issued a COC or Certificate of No Action Necessary, DEQ is prohibited from assessing
administrative penalties or pursuing civil actions against the participants in the program as well as any lender, lessee, successor or assign
if they are in compliance with any post-certification conditions or requirements as specified in the Certificate of No Action Necessary, or
COC (DEQ). Since DEQ has a Brownfields Memorandum of Agreement with EPA, the federal Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) enforcement bar applies to sites that complete DEQ's program.
Upon completion of projects under its jurisdiction, OCC offers a COC for Cleanup sites and a Certificate of No Further Action for sites
where the assessment shows no significant pollution problem. OCC cannot assess administrative penalties or pursue civil actions against
the participants in the program as well as any lender, lessee or successor, or assign if they are in compliance with any post-certification
conditions or requirements. The federal government will not take an administrative or judicial enforcement action against sites in compliance
with the state program
PROGRAM ELEMENTS
Methods/Standards/Controls
• Risk-Based Corrective Action (RBCA)-type processes are 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.
• 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.
• OCC requires sites to follow either the Oil & Gas Division's risk based Pollution Abatement Environmental (Guardian) Guidance, or the
Petroleum Storage Tank Division's risk based ORBCA guidance. Both are risk based, comparing the pollution levels at a site to those
calculated as necessary based on the site's use - residential, commercial, agricultural, etc.
Contaminants Covered
• DEQ's Brownfields Program has authority over properties affected by pollution. Pollution is defined as "the presence in the environment
of any substance, contaminant or pollutant, or any other alteration of the physical, chemical or biological properties of the environment
or the release of any liquid, gaseous or solid substance into the environment in quantities which are or will likely create a nuisance or
which render or will likely render the environment harmful or detrimental or injurious to the public health, safety or welfare, or to domestic,
commercial, industrial agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic
life, or to property." However, the DEQ Brownfields Program will refer applicants to other agencies if the jurisdictional issues indicate that
another agency could better serve the applicant.
• The OCC Brownfields Program is focused on helping entities redevelop land that is contaminated with substances relating to oil and gas
exploration and production or that derives from leaking underground storage tanks. This includes crude oil, saline produced water/brine,
gasoline, and diesel.
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Institutional Controls (1C)
ICs are allowed if they adequately protect the public. DEQ has authority to implement land use controls, if necessary. DEQ currently has an
ArcGIS system with a layer for ICs in the state, http://www.deq.state.ok.us/mainlinks/gis/index.html
• 1C Tracking: DEQ internally tracks active and completed sites, and sites scheduled for completion in the next year are added to the
Brownfields Public Record. When the certificate is issued the site is entered into the 1C database. DEQ prefers multiple layers of ICs to
ensure that the site remains protective long term.
• 1C Oversight: DEQ oversees the project from site characterization to any required after-action, long-term monitoring. Participants must
reimburse DEQ for its oversight costs. DEQ audits the sites and ICs every five years.
• 1C Monitoring: If long-term monitoring is required at a DEQ 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 over time, prior to a Brownfields 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 ICs.
This link also provides additional information regarding contaminated sites in the state. http://www.deq.state.ok.us/lpdnew/ICviewer.html
Under the OCC Brownfields Program, ICs are one of the many choices that can be made at a site in order to protect the public. The public
record is at: http://www.occeweb.com/og/brownfields/bfpub.htm: the inventory site list is available upon request. Ground water sites can be
listed in the Oklahoma Water Resources Board's Appendix H, which lists areas with special requirements, including zones to be cased off or
even prohibitions on installing water wells as necessary.
PROGRAM HIGHLIGHTS
Hobart Public School System in the City of Hobart is in great need of a safe place for parents to drop-off and pick-up elementary school students.
The elementary school is located on State Highway Business Route 9 and has no parking or pick-up area that is safe for the children. Children
often have to cross the busy highway to get to their parents' vehicles. The abandoned Hobart Middle School, located next door, is the ideal
property to create a safe place for child pick-up and parking; however, it contained asbestos and the school system did not have the necessary
funds for the abatement. DEQ used Section 128(a) Response Program funding to conduct an environmental assessment and used the State
Fund to complete asbestos abatement. With abatement complete, the school system is moving forward to demolish the building and complete
the safe pick-up area for the 2014-2015 school year.
The new Devon Energy World Headquarters Tower was completed at the end of 2012 and won the 2013 Phoenix Award Grand Prize. At a cost
of approximately $750 million, this new building is 908 feet tall—the tallest building in Oklahoma—has 50 floors, and offers 1.8 million square feet
of space. Part of this property was previously occupied by Oklahoma City's Galleria Parking Garage, which ceased operations in the early 2000s.
The Oklahoma Corporation Commission (OCC) used Section 128(a) Response Program funding to oversee the assessment and cleanup of
the property. The assessments, which included a grid pattern of soil boring samples, revealed soil and groundwater contamination from several
underground storage tanks (USTs). These USTs and 280 cubic yards of contaminated soil were removed, and 61,814 gallons of contaminated
water were treated and disposed of properly. The new building now serves as the northern anchor of Oklahoma City's aggressive "Core to Shore"
downtown redevelopment project
OTHER LAND PROGRAMS
Petroleum Storage Tank Program (OCC)
http://www.occeweb.com/ps/abcs.html
Superfund Program (DEQ)
http://www.deq.state.ok.us/lpdnew/sfindex.html
Voluntary Clean Up Program (DEQ)
http://www.deq.state.ok.us/lpdnew/VCPIndex.htm
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TEXAS
Voluntary Cleanup Program
Texas Commission on Environmental Quality (TCEQ)
MC221
P.O. Box 13087
Austin, Texas 78711-3087
http://www.tceq.texas.gov/qoto/vcp
Contact(s): Anna Rodriguez Brulloths, VCP-CA Manager
Anna. R.Brulloths@tceq.texas.gov
512-239-5052
TCEQ Brownfields Site Assessment Program
MC221
P.O. Box 13087
Austin, Texas 78711-3087
http://www.tceq.texas.gov/goto/bsa
Contact(s): Stephanie Kirschner, Brownfields Program Manager
Stephanie.Kirschner@tceq.texas.gov
512-239-2360
Voluntary Cleanup Program (VCP) and Brownfields Response Program (BRP)
Railroad Commission (RRC) of Texas
P.O. BOX 12967
Austin, TX 78711-2967
http://www.rrc.state.tx.us/oil-gas/environmental-cleanup-programs/
Contact(s): Aimee Beveridge, Voluntary Cleanup Program Manager
aimee.beveridge@rrc.state.tx.us
512-463-7995
Program Overview
Brownfields Program (TCEQ and RRC)
Cost to Enter the Program: $1,000 plus
oversight fees (TCEQ and RRC)
Liability Relief Provisions (TCEQ and
RRC)
Tax Incentives (TCEQ and RRC)
PROGRAM
The Texas Commission on Environmental Quality (TCEQ) in close partnership with EPA and other federal, state, local redevelopment agencies,
and stakeholders, is facilitating cleanup, transferability and revitalization of brownfields through the development of regulatory, tax and technical
assistance tools.
Voluntary Cleanup Program - http://www.tceq.texas.gov/goto/vcp
Innocent Owner/Operator Program (IOP) - http://www.tceq.texas.gov/goto/iop
Brownfields Site Assessments Program - http://www.tceq.texas.gov/goto/bsa
In order to encourage redevelopment at abandoned oil and gas facilities, the Railroad Commission of Texas (RRC) offers assistance to
private landowners and land developers through the Voluntary Cleanup Program (VCP) and governments, nonprofit organizations, tribes, and
universities through its Brownfields Response Program (BRP).
Voluntary Cleanup Program - http://www.rrc.state.tx.us/oil-gas/environmental-cleanup-programs/site-remediation/voluntary-cleanup-program/
RRC Brownfield Response Program (BRP) - http://www.rrc.state.tx.us/environmental/environsupport/brownfield/index.php
• Funding Source(s) for the Program: State remediation fund and federal grants.
• Cost to enter program or fees for service: $1,000 application fee for VCP and IOP; applicant must reimburse TCEQ for the direct costs of
oversight. For VCP, this fee can be waived for government entities and non-profit organizations. There is no fee to apply to the Brownfields
Program.
• Sites Enrolled in VCP:
• TCEQ-As of June 2014, the VCP had received 2,536 applications representing dry cleaners, manufacturing facilities, shopping centers,
warehouses, auto-related businesses, and other commercial and industrial enterprises.
• RRC - As of June 2014, 100 sites were entered into the VCP and BRP.
• Sites Completed under VCP:
• TCEQ-As of June 2014, 1,925 sites were issued Certificates of Completion (COC).
• RRC -As of June 2014, 8 brownfields certificates and 42 VCP certificates have been granted.
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FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• 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.
• The RRC offers state-funded cleanup assistance for qualified sites under its BRR
Incentives
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 programs.
Liability Relief Provisions
After completion of the cleanup in the VCP program, parties will receive a COC from TCEQ or RRC, which states that all non-responsible
parties are released from all liability provided by Texas Health and Safety Code, Chapter 361, Section 361.6035 and Chapter 91 Subchapter
O, Texas Natural Resources Code.
In the TCEQ Innocent Owner/Operator Program (IOP), innocent owners and operators may receive an Innocent Owner/Operator Certificate
(IOC) which confirms immunity from liability under Texas Health and Safety Code, Chapter 361, Section 361.751.
PROGRAM ELEMENTS
Methods/Standards/Controls
The Texas Risk Reduction Program (TRRP) follows a Risk-Based Corrective Action process (RBCA) that allows for the use of engineering
and institutional controls. All TCEQ and RRC sites are evaluated using the TRRP rule, 30 Texas Administrative Code (TAG) Chapter 350. In
the TCEQ VCP, site cleanups of releases from regulated underground and aboveground storage tanks are evaluated using the Petroleum
Storage Tank Rules, 30 TAG Chapter 334.
A VCP applicant may use state-developed cleanup levels or site-specific data to develop site-specific cleanup levels.
http://www.tceq.texas.gov/remediation/standards
Contaminants Covered
Both the TCEQ and RRC programs address all contaminants in soil and ground water. RRC jurisdiction is limited to contamination
associated with oil and gas extraction while the TCEQ's jurisdiction includes all other solid, industrial, and hazardous waste.
Institutional Controls (1C)
Institutional controls must be placed in the real property records of the county in which the property is located 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.
http://www.tceq.texas.gov/goto/vcp
http://www.rrc.state.tx.us/oil-gas/environmental-cleanup-programs/site-remediation/voluntary-cleanup-program/list-of-railroad-commission-
vcp-and-brownfield-sites-102013/
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PROGRAM HIGHLIGHTS
Belo Garden construction began in March 2011 and the park opened to the public
in May 2012. Belo Garden is approximately 1.46 acres and was formerly used as a
parking lot. Over the past 100 years, the site was used for a wide array of purposes,
including but not limited to, three petroleum-oil related facilities, two hat manufacturers,
a car repair facility, and a paint shop (as well as residential housing dating back to
the 1880s). The City of Dallas was awarded two grants to clean up the site, one from
the North Central Texas Council of Governments and one from EPA. The site entered
into the Voluntary Cleanup Program (VCP No. 2286) to ensure that the park met state
environmental standards. Remediation of affected soil included the excavation and
disposal of surface and sub-surface soils exceeding the critical protective concentration
levels (PCLs) to an approved landfill disposal facility. Approximately 21,194 cubic feet
of affected soil was characterized (through sampling), stabilized and removed from the
site. Ground water was not impacted. The new Belo Park features perennial gardens,
shaded groves, plaza spaces, an interactive fountain, a 10-foot high hill (which provides
topographical relief and views over the central fountain plaza), a shaded garden grove
and more. In addition to funding from City of Dallas bonds, federal grants and other
private sources, Belo Corp. committed $6.5 million toward the $14.5 million construction
of the park.
OTHER LAND PROGRAMS
Petroleum Storage Tank (PST) Program (TCEQ)
https://www.tceq.texas.gov/agency/data/enf clean data.html
Dry Cleaner Remediation Program
http://www.tceq.state.tx.us/remediation/dry cleaners/
Superfund Program
http://www.tceq.state.tx.us/remediation/superfund/
The Belo Garden Redevelopment
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EPA REGION 7
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IOWA
Brownfield Redevelopment Program and
Land Recycling Program (LRP)
Iowa Department of Natural Resources (DNR)
Wallace State Office Building
502 East 9th Street
Des Moines, IA50319
http://www.iowabrownfields.com
Contact(s): Mel Pins
Program Coordinator
mel.pins@dnr.iowa.gov
515-281-8489
Program Overview
State Response Program
Cost to Enter the Program: $750 plus
oversight fees
MOA with EPA Region 7 (June 2004)
Liability Relief Provisions
Brownfield Redevelopment Tax
Incentives through Iowa Economic
Development Authority
PROGRAM
The Iowa Land Recycling Program (LRP) was established in 1997 and the Brownfield Redevelopment Program was established in 2004. The
goal of the programs is for communities and other stakeholders in economic development to work together in a timely manner to prevent, assess,
safely clean up, and sustainably reuse brownfields in Iowa, http://www.iowabrownfields.com
• Funding Source(s) for the Program: Federal grants (69%), oversight fees (26%), and state cleanup fund (5%).
• Cost to enter program or fees for service: There is an initial $750 application fee, and reimbursement of actual state oversight costs is
capped at $7,500.
• Sites Enrolled in VCP: As of June 2014, a total of 101 sites were actively enrolled in the program.
• Sites Completed under VCP: As of June 2014, 72 sites completed the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• 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's CERCLA 128(a) Response Program funding focuses on small and rural communities in the state. Funds can be used for Phase
I ("due diligence") and Phase II environmental site assessments and small-scale cleanups at brownfields, with Section 128(a) matching
funds available up to $15,000 per project.
Incentives
A variety of tax credits and resources are available through the Iowa Economic Development Authority (IEDA) to assist with brownfields
reuse projects, including the Iowa Brownfield Tax Credit program, wherein investments in the purchase, assessment, cleanup or renovation
of brownfields can receive a 24% tax credit of up to $1,000,000 per project.
Liability Relief Provisions
Program offers No Further Action (NFA) certification that is transferable to a new owner, through implementation of the Uniform
Environmental Covenants Act (UECA), as a part of the LRP site enrollment and completion.
PROGRAM ELEMENTS
Methods/Standards/Controls
• State uses statewide, background and site-specific standards. Site-specific standards are risk-based.
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• 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 (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. http://www.iowabrownfields.com
Contaminants Covered
Any contaminant that has appropriate toxicity information available, and is not being addressed under separate authority, is eligible.
Institutional Controls (1C)
Statutorily based environmental protection easement is required for use with non-residential standards. It may be possible to move the point
of compliance with standards outside of area with an 1C or appeal to a less restrictive standard with an 1C. Use of an 1C 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
https://programs. iowadnr.gov/contaminatedsites/pages/search.aspx
PROGRAM HIGHLIGHTS
The Department of Natural Resources (DNR) developed an innovative and valuable database of historic aerial photos of the entire state,
designed to assist potential purchasers, developers and others interested in past site activities and the environmental history of properties.
Historic aerial photos are a valuable key to understanding what potential environmental conditions exist at a property. Beginning in 2004, DNR
used its Section 128(a) Response Program funding to acquire copies of aerial photos from known sources including accessing scattered
collections in state and federal archives. DNR then converted the photos into electronic images, rectifying the electronic images for accurate
inclusion in geographic information systems (CIS), and loading the converted electronic photomaps into an easy-to-use, Web-based, publicly
accessible GIS. DNR completed the photo conversion and integration of more than 20,000 historic prints, creating a complete mosaic of GIS
images of the State of Iowa, with coverage from 1938 through today. The historic aerial photo database is an integral part of environmental due
diligence research in Iowa and has notably improved the public's ability to find and access records of value for environmental assessment and
cleanup decision making, particularly in small, rural and environmental justice communities.
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://www.iowadnr.gov/lnsideDNR/RegulatoryLand/UndergroundStorageTanks.aspx
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KANSAS
Voluntary Cleanup and Property Redevelopment Program
Kansas Brownfields Program/Voluntary Cleanup Program
Environmental Use Control Program
Kansas Department of Health and Environment (KDHE)
Bureau of Environmental Remediation - Remedial Section
1000 SW Jackson, Suite 410
Topeka, KS 66612-1367
http://www.kdheks.gov/remedial/index.html
http://www.kdheks.gov/ars/index.html
Contact(s): Leo Henning,
Director, Bureau of Environmental Remediation
lhenning@kdheks.gov
785-296-1662
Bob Jurgens
Assessment & Restoration Section Chief
bjurgens@kdheks.gov
785-296-1914
Doug Doubek
Brownfields and Orphan Sites Unit Chief
ddoubek® kdheks.gov
785-291-3246
Kait Salley
Brownfields Coordinator
ksalley® kdheks.gov
785-296-5519
Program Overview
Voluntary Cleanup and Property
Redevelopment Program
Cost to Enter the Program: $200 plus
oversight fees
MOA with EPA Region 7 (March 2001)
Liability Relief Provisions
Brownfields Program
Environmental Use Control Program
Chris Carey
Remedial Section Chief
ccarey@kdheks.gov
785-296-1675
Deanna Ross
Voluntary Cleanup Unit Chief
dross@kdheks.gov
785-296-8064
Maggie Weiser
Environmental Use Control Unit Chief
mweiser® kdheks.gov
785-291-3807
PROGRAM
The Voluntary Cleanup and Property Redevelopment Program works in conjunction with the State Brownfields Program and the Environmental
Use Control Program. Under the Voluntary Cleanup and Property Redevelopment Program, developers and buyers who perform successful
cleanups of contaminated properties that are within established criteria will be granted a "No Further Action" determination by the Department,
satisfying the regulated community's need for protection from potential future liabilities. Adjacent property owners who did not contribute to the
contamination could also receive protection from the Department through such determinations. The VCPRP works in conjunction with the State
Brownfields Program and the Environmental Use Control Program.
http://www.kdheks.gov/ars/vcp/index.html and http://www.kdheks.gov/brownfields/index.html
• Funding Source(s) for the Program: Oversight fees and federal grants.
• Cost to enter program or fees for service: Voluntary Cleanup Program applications must be submitted with $200 nonrefundable application
fee; initial deposit, not to exceed $5,000 is required to cover Kansas Department of Health and Environment's (KDHE) 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.
• Sites Enrolled in VCP: As of June 2014, 330 properties were active in either investigation or cleanup.
• Sites Completed under VCP: As of June 2014, the VCPRP issued 271 No Further Action letters and 2,904 acres had been remediated.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• Kansas Brownfields Program: http://www.kdheks.gov/brownfields/index.html
• Kansas Brownfields Cleanup Assistance Grant
• 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.
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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.
PROGRAM ELEMENTS
Methods/Standards/Controls
Environmental Use Controls Program (same as institutional controls), http://www.kdheks.gov/remedial/euc/index.html
Contaminants Covered
All contaminants and pollutants covered including lead, asbestos and polychlorinated biphenyls (PCBs).
http://www.kdheks.gov/ars/vcp/index.html
Institutional Controls (1C)
Use environmental use controls (EUC).
• EUC/IC Tracking: All EUC/ICs are tracked and a part of a computerized database for public viewing.
• EUC/IC Oversight: All EUC/ICs are enforceable by KDHE pursuant to the statute.
• EUC/IC Monitoring: All EUC/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. As of December 2013, 173 environmental use controls have been recorded on properties in Kansas. This link also
provides additional information regarding contaminated sites in the state, http://www.kdheks.gov/remedial/isl disclaimer.html
PROGRAM HIGHLIGHTS
KDHE is using its Brownfields Program to assist the Cities of Wichita and Andoverto expand their network of bicycling/walking trails. In the City
of Wichita, one segment of trail, the Redbud Trail, was recently completed along 2.5 miles of rail-banked railway corridor in May 2011 while a
second 1 -mile segment is currently being developed. The City of Andover also requested assistance from the Brownfields Program for a 1.7-mile
segment of the Redbud Trail within their City limits. KDHE used Section 128(a) Response Program funding to perform Phase I and Phase ll/lll
brownfields assessments on all three segments that identified heavy metals (and polynuclear aromatic hydrocarbons [PAHs] Wichita segments
only) above action levels in isolated spots along the trail. Both City projects have been enrolled in KDHE's Voluntary Cleanup and Property
Redevelopment Program to address the residual soil contamination above KDHE action levels by incorporating appropriate remedial measures
into the trail design and construction (e.g., capping the contaminated soil under the concrete path and covering the path shoulders with low
permeability cover material). An Environmental Use Control will also be established on the trail segments and will include Soil Management
Plans to establish a framework for how the impacted media encountered during trail construction and other future activities will be addressed.
The City of Wichita funded its completed portion of the project with KDHE's Brownfields Cleanup and Revolving Loan Fund sub-grant and a $2.3
million federal transportation enhancement grant and is in the process of securing additional grant funding for the additional 1-mile segment. The
City of Andover is funding its project with a $1.7 million transportation enhancement grant. All trails are expected to be completed and open to
the public by 2015.
OTHER LAND PROGRAMS
State Cooperative Program
http://www.kdheks.gov/remedial/scu/index.html
Storage Tanks Program
http://www.kdheks.gov/tanks/index.html
Drycleaning Program
http://www.kdheks.gov/ars/index.htmlttdrycl
Superfund Program
http://www.kdheks.gov/ars/superfund/index.html
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MISSOURI
Brownfields /Voluntary Cleanup Program (BVCP)
Missouri Department of Natural Resources (MoDNR)
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
http://www.MissouriBrownfields.com
Contact(s): Scott Huckstep
Scott.Huckstep@dnr.mo.gov
573-526-8913
Catherine Jones
Catherine.Jones@dnr.mo.gov
573-526-8913
Program Overview
Brownfields Program
Cost to Enter the Program: $200 plus
oversight fees
MOA with EPA Region 7 (September
1996)
Liability Relief Provisions
Tax Incentives
PROGRAM
First established by the state legislature in 1994, Missouri Department of Natural Resources' (MoDNR) Brownfields/Voluntary Cleanup Program
(BVCP) is administered by the Hazardous Waste Program's Brownfields/Voluntary Cleanup Section to provide state oversight for voluntary
cleanups of properties contaminated with hazardous substances. www.MissouriBrownfields.com
• Funding Source(s) for the Program: Federal grants and oversight fees.
• Cost to enter program or fees for service: 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
$3,000.
• Sites Enrolled in VCP: As of June 2014, 1,214 sites have been enrolled since program establishment in 1994. Approximately 25 applications
are processed annually and there are typically 275-300 active projects.
• Sites Completed under VCP: As of June 2014, 731 Certificates of Completion (COC) have been issued.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• Missouri's Drycleaning Environmental Response Trust (DERT) Fund provides for the investigation, assessment, and cleanup of dry
cleaning facility sites. Only chlorinated solvent contamination is to be addressed. Eligible sites will have eligible costs reimbursed after a
$25,000 deductible up to $1,000,000 per site. The DERT fund is managed by the Missouri Department of Natural Resources (MoDNR)
as part of the BVCP Section.
• Missouri's Petroleum Storage Tank Insurance Fund (PSTIF) covers insured and other eligible petroleum sites with either underground or
above ground storage tanks. The fund will reimburse cleanup costs up to $1,000,000 per incident after a $10,000 deductible.
• The Environmental Improvement and Energy Resources Authority (EIERA) may provide loans and sub-grants to support cleanup
activities for sites contaminated with petroleum and hazardous controlled substances, as well as mine-scarred lands. Any public (except
the state) or private entity may be eligible for loans to pay for the cleanup of brownfield properties. Sub-grants are limited to political
subdivisions and nonprofit corporations.
Incentives
The Missouri Department of Economic Development (DED) may issue tax credits for up to 100% of the cost of remediating a brownfield
property. The purpose of the Brownfield Redevelopment Program is to provide financial incentives for the redevelopment of commercial/
industrial sites that are contaminated with hazardous substances and have been abandoned or underutilized for at least three years. The
tax credit may also include up to 100% of the costs of demolition that are not directly part of the remediation activities. The demolition may
occur on an adjacent property if the project is located in a municipality that has a population of less than 20,000 and other conditions are
met. The amount of the credit available for demolition not associated with remediation cannot exceed the total amount of credits approved
for remediation, including demolition required for remediation.
http://www.ded. mo.gov/BCS%20Programs/BCSProgramDetai Is. aspx?BCSProgramlD=3
Liability Relief Provisions
A COC is issued by the state. Any interested party can apply with a property owner's permission. Includes risk-based cleanup criteria, tied
to future land use, and institutional and/or engineering control provisions.
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PROGRAM ELEMENTS
Methods/Standards/Controls
The Hazardous Waste Program administers two risk-based corrective action processes.
• The Risk-Based Corrective Action Process for Petroleum Storage Tanks is applicable to releases from regulated petroleum storage
tanks.
• The Missouri Risk-Based Corrective Action (MRBCA) process applies to releases from sources other than regulated petroleum storage
tanks and is available at the following link, http://www.dnr.mo.gov/env/hwp/mrbca/mrbca.htm
Contaminants Covered
The BVCP addresses petroleum, asbestos, lead-based paint, Comprehensive Environmental Response Compensation and Liability Act
(CERCLA) hazardous substances, polychlorinated biphenyls (PCBs), and controlled substances contamination.
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. Covenants are developed and filed in the
property chain-of-title in accordance with the Missouri Environmental Covenants Act.
• MoDNR is developing a long-term-stewardship system (LTS) to document and track the continued enforcement of ICs. The BVCP is
providing the leadership for the LTS program, but it will ultimately address all remediated sites in Missouri regardless of which program
provides oversight.
• 1C Tracking: Sites with LTS controls are listed on the BVCP website.
• 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 transferring 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.dnr.mo.qov/env/hwp/docs/sitestatuslist.xls
PROGRAM HIGHLIGHTS
The MoDNR's Hazardous Waste Program released its new hazardous substance investigation
and cleanup online information system on December 2, 201 3 at https://www.dnr. mo.gov/molts. The
site provides a comprehensive information resource designed to ensure property is used safely in
Missouri. This website features an interactive map viewer with individual site status summaries from
department databases for every site with links to important documents from department files. It
also includes downloadable data layers that local governments or utilities can download and use
in their own permitting and planning efforts. These layers are updated monthly and are free. An
automated process updates map data from two department databases on a monthly basis, and a
real-time link to any site-related documents in the department's electronic filing system are provided
for each location. A comprehensive outreach plan being implemented in 2014 will educate key
audiences about potential exposure risks, activity and use limitations designed to ensure their safety
at risk-based cleanup sites, and where to easily find information about such properties in Missouri.
This map represents the first time MoDNR has used the Google mapping platform, and is part of an
overall effort to use technology to improve the visibility of environmental information to the public to
protect human health and the environment.
i Site Information
I Summary
Restricted Property
Use Boundaries
'•*'* SITE LOCATOR
OTHER LAND PROGRAMS
Petroleum Storage Tanks Program
http://www.dnr.mo.gov/env/hwp/tanks/tanks.htm
Superfund Program
http://www.dnr.mo.gov/env/hwp/sfund/spf.htm
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Voluntary Cleanup Program (VCP)
Nebraska Department of Environmental Quality (NDEQ)
1200 N Street, Suite 400
P.O. Box 98922
Lincoln, NE68509
http://deq.ne.gov/
Contact(s): Mike Felix
Section Supervisor, Remediation Section
mike.felix® nebraska.gov
402-471-4210
Tom Buell
Unit Supervisor, Superfund/VCP Unit
thomas.buell@nebraska.gov
402-471-4210
Carrie McCaleb
VCP/Brownfields Coordinator, Superfund/VCP Unit
carrie.mccaleb® nebraska.gov
402-471-6411
Program Overview
Cost to Enter the Program: $5,000
MOA with EPA Region 7 (November
2006)
No Further Action Determinations
PROGRAM
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.
http://deq.ne.gov/Superfun.nsf/Pages/VCP
• Funding Source(s) for the Program: Federal grants and application fee and initial deposit.
• Cost to enter program or fees for service: Non-refundable application fee of $2,000 and refundable initial deposit of $3,000.
• Sites Enrolled in VCP: As of June 2014, 16 sites are active in the voluntary cleanup program.
• Sites Completed under VCP: As of June 2014, 13 sites have successfully completed cleanup requirements underthe VCP and have
received "No Further Action" (NFA) letters from Nebraska Department of Environmental Quality (NDEQ).
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
NDEQ's Section 128(a) assessment program provides funding to cover the costs of environmental site assessments and 50% of costs (up
to $10,000) to remove and dispose of asbestos, for eligible applicants.
Liability Relief Provisions
None
PROGRAM ELEMENTS
Methods/Standards/Controls
NDEQ developed a comprehensive VCP 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 that presents a conceptual site model
based on a thorough investigation, and a remedial action work plan that 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. The guidance document includes the development of remediation goals for soil gas and groundwater that would be protective of
indoor air quality to address the vapor intrusion pathway.
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If at the completion of all cleanup activities: the applicant has remitted all applicable fees, met the provisions and objectives agreed to with
NDEQ, and complied with all state and federal environmental standards and substantive requirements, 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.
Contaminants Covered
Hazardous substance, pollutant or contaminant, petroleum, asbestos, lead-based paints, and polychlorinated biphenyls (RGBs) are all
covered.
Institutional Controls (1C)
ICs in accordance with the Nebraska Uniform Environmental Covenants Act are recommended.
• 1C Tracking: ICs are tracked as part of the Public Record required by the Section 128(a) Response Program.
• 1C Oversight: NDEQ reviews and approves remedial action plans and performs oversight of implementation of the remedial action,
including the implementation of ICs.
• 1C Monitoring: NDEQ performs periodic monitoring of ongoing long-term operation, maintenance and monitoring activities, including
monitoring of ICs.
Current information on the Public Record and 1C tracking system can be found at: http://deq.ne.gov/Superfun.nsf/Pages/ICTS
NDEQ partners with the Nebraska Department of Natural Resources (NDNR) to map institutional control areas in the state. This aids water
well drillers with critical information to prevent installation of domestic water wells in contaminated areas. The current information is available
on the NDNR's website at: http://maps.dnr.ne.gov/Wells/
PROGRAM HIGHLIGHTS
Recently, NDEQ worked with the U.S. Department of Agriculture (USDA) to enroll multiple former surplus grain storage sites into the VCR NDEQ
will provide oversight to all actions at these sites. NDEQ will also ensure compliance with applicable state and federal laws and regulations
pertaining to site-related work. The agreement between USDA and NDEQ has an initial list of sites within Nebraska that will be addressed and
investigated. This list may be revised on an annual basis. Additionally, NDEQ continues to encourage and work with appropriate Section 128(a)
program participants to enroll in the VCR after completion of Section 128(a)-supported Phase I and II Environmental Site Assessments.
OTHER LAND PROGRAMS
Petroleum Remediation Program
http://www.deq.state.ne.us/LUST-RA.nsf/Pages/LUST
Superfund Program
http://www.deq.state.ne.us/Superfun.nsf
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EPA REGION 8
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COLORADO
Brownfields and Voluntary Cleanup and Redevelopment Program (VCP)
Colorado Department of Public Health and Environment (CDPHE)
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver, CO 80246-1530
https://www.colorado.qov/pacific/cdphe/voluntary-cleanup
Contact(s): Monica Sheets
Remediation Programs Manager
303-692-3398
Doug Jamison
Superfund/Brownfields Unit Leader
303-692-3404
Fonda Apostolopoulos
Voluntary Cleanup and Redevelopment Program
303-692-3411
Barbara Nabors
State Incentives for Redevelopment of Contaminated Land in Colorado
303-692-3393
Program Overview
Brownfields Program
Brownfields Revolving Loan Fund
Cost to Enter the Program: $2,000 plus
$85/hour
MOA with EPA Region 8 (April 1996)
Liability Relief Provisions
Tax Credit for Environmental
Remediation of Contaminated Land
PROGRAM
Voluntary Cleanup and Redevelopment Program
The Colorado Department of Public Health and Environment (CDPHE) established the Voluntary Cleanup and Redevelopment Program
(VCP) in 1994 to provide public and private property owners with the resources to facilitate cleanups as well as assurances against regulatory
enforcement. https://www.colorado.gov/pacific/cdphe/voluntary-cleanup
• Funding Source(s) for the Program: VCP fees (80%) and federal grants (20%).
• Cost to enter program or fees for service: Application fee is $2,000. Hourly review fee is $85.
• Sites Enrolled in VCP: As of June 2014, there have been approximately 950 applications. Approximately 50 applications are processed
each year.
• Sites Completed under VCP: As of June 2014, 900 sites have been completed under the VCP.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• Colorado Brownfields Revolving Loan Fund - Encourages the cleanup of unused or underused contaminated properties. The Fund
offers financing with reduced interest rates, flexible loan terms, and flexibility in acceptable forms of collateral.
https://www.colorado.gov/pacific/cdphe/brownfields-revolving-loan-fund
• 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 National Priorities List (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.
Incentives
• Sub-Grants - The Colorado Brownfields Revolving Loan fund can provide sub-grants to local governments to pay for cleanup of
contaminated properties and facilitate redevelopment of those properties.
• State Income Tax Credit for Environmental Remediation of Contaminated Land - In 2014, the Colorado General Assembly passed
Senate Bill 14-073 providing a tax credit for environmental remediation of contaminated land within the State. The law provided a 40% tax
credit on cleanup expenses up to $750,000 and a 30% credit on cleanup expenses greater than $750,000 up to $1,500,000. Taxpayers
and qualified entities may transfer the credit.
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.
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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.
PROGRAM ELEMENTS
Methods/Standards/Controls
No formal Risk-Based Corrective Action or comparable/informal process is in place; VCP applicants choose from various cleanup standards
or perform risk assessments. State allows risk-based closures.
Contaminants Covered
Hazardous substances and solid wastes including petroleum contaminants, asbestos, lead paint, and methamphetamine derived
contaminants are all covered.
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 ICs at state cleanup
program sites, Resource Conservation and Recovery Act (RCRA) cleanup sites, Superfund 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. 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. The database is available to the public at:
https://www.colorado.gov/pacific/cdphe/hmcovenants
• 1C Oversight and Monitoring: Colorado's long-term stewardship provisions include monitoring, ICs 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 ICs.
These links also provide additional information regarding contaminated sites in the state.
https://www.colorado.gov/pacific/cdphe/categories/services-and-information/environment/environmental-cleanup
PROGRAM HIGHLIGHTS
The Dahlia Square Shopping Center was built in early 1950 on the site of the former Ferry Brickyard.
The shopping center quickly became a focal point for local business and commerce, functioning as
a community hub. Over the decades, the once vibrant shopping center slowly began to deteriorate
as the shopping habits of local citizens shifted. By the 1990s, Dahlia Square was less than 15%
occupied and had fallen into disrepair. The Denver Urban Renewal Authority (DURA) and the City and
County of Denver created the Northeast Park Hill Urban Renewal area in 2001 to help redevelop and
reinvigorate the area. During the assessment of the property's redevelopment potential, significant soil
contamination was found that needed to be addressed. Park Hill Community, Inc. received a $200,000
Brownfields Cleanup grant from EPA in 2005 to address the contamination found at the Dahlia Square
property. In 2005, EPA also used $78,000 of Targeted Brownfields Assessment funding to complete a
Phase II Environmental Assessment for the site. The grant was part of a wide variety of funding used
for property remediation, including grants and loans from federal and other sources, totaling more than The Dgh|ig Squgre Senjor Apartment complex
$7 million. Remediation of the property's soil resulted in the excavation of 40,000 cubic yards of landfill
materials in abandoned mine pits left from its previous use as a brickyard. This material was disposed of at a local landfill. Additionally, three 3,000-4,000
gallon underground storage tanks (UST) and one 500-gallon UST were removed from the property. Cleanup was completed in June 2006 under the VCP,
paving the way for redevelopment. A private developer purchased the property, and in 2009 opened a new 12,000 square-foot Park Hill Family Medical
Clinic. The developer also has plans to build more than 100 new housing units, but these plans are on hold due to the slow housing market. However, a
second developer agreed to build a 128-unit affordable housing complex for seniors, with assistance from the Colorado Housing and Finance Authority
(CHFA).This development has been awarded a 9% tax credit by CHFA and has resulted in an additional private investment of over $12 million.
OTHER LAND PROGRAMS
Superfund Program
https://www.colorado.gov/pacific/cdphe/superfund-sites
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MONTANA
Montana Department of Environmental Quality (DEQ)
Brownfields Remediation & Permitting and Compliance Divisions
P.O. Box 200901
Helena, MT 59620-0901
http://deq.mt.gov/Rem/default.mcpx
http://deq.mt.gov/pcd/default.mcpx
Contact(s): Jason Seyler
Hazardous Substance Brownfields
jseyler@mt.gov
406-841-5071
Ed Kiely
Petroleum Brownfields
ekiely@mt.gov
406-841-5057
Becky Holmes
Hazardous Waste Brownfields
rholmes@mt.gov
406-444-2876
Program Overview
Brownfields Programs
Cost to enter program: None;
reimbursement of all administration costs
Voluntary Cleanup Program Elements
Program Highlights
PROGRAM
The Montana Department of Environmental Quality's (DEQ) Brownfields programs are separated into the following three sections: Site
Response, Leaking Underground Storage Tank (LUST)/Brownfields, and Hazardous Waste. Additional information regarding each program can
be found at: http://deq.mt.gov/brownfields/default.mcpx.
Site Response Section
DEQ's Site Response Section (SRS) administers the Montana State Superfund and Voluntary Cleanup Programs (VCP). The SRS is part of the
Hazardous Waste Site Cleanup Bureau in DEQ's Remediation Division. SRS personnel work on both State Superfund and Voluntary Cleanup
sites. SRS uses Brownfields funding to enhance its state Superfund and VCPs.
LUST/Brownfields Section
DEQ's Leaking Underground Storage Tank (LUST)/Brownfields Section (LBS) administers a portion of the state's Petroleum Cleanup Program
through the authority of the Montana Underground Storage Tank Act. LBS is part of the Hazardous Waste Site Cleanup Bureau in DEQ's
Remediation Division. Montana's Underground Storage Tank Act requires compliance with the Montana Underground Storage Tank Rules that
include the requirements for release reporting, investigation, confirmation, abatement measures, and corrective action.
Hazardous Waste Section
DEQ's Hazardous Waste Section (HWS) administers the State's Hazardous Waste Program. The HWS is part of the Waste and Underground
Tank Management Bureau in DEQ's Permitting and Compliance Division. The Hazardous Waste Act requires compliance with hazardous waste
regulations for generators of hazardous waste and permitted treatment, storage and disposal facilities. The HWS also oversees remediation
when releases of hazardous waste or hazardous constituents occur at hazardous waste generator sites, as well as permitted facilities.
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: There are no costs to participate in the Brownfields Program. All applicants entering into the
VCP must agree to reimburse the state for all administrative costs. Cost recovery is based on actual cost; there is no standard fee.
• Sites Completed under VCP: As of June 2014, 31 sites have been "closed" under the VCP process by DEQ.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• Information on available grants can be found at: http://deq.mt.gov/Brownfields/Grants.mcpx.
• Montana Assessment grants are discussed at: http://deq.mt.gov/Brownfields/TargetedBA.mcpx.
• Loans available through state Board of Investments program may apply to brownfields.
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• Assessment and Cleanup funding is also available through the Department of Natural Resource and Development's Resource and
Development Grants. Additional information can be found at:
http://dnrc.mt.gov/cardd/ResourceDevelopment/rdg/ProjectPlanningGrants.asp
• 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
Participation in the VCP includes enforcement stays, liability protection and a streamlined process with short review times. Additional
information on the VCP can be found at: http://deq.mt.gov/StateSuperfund/vcra.mcpx
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.
PROGRAM ELEMENTS
Methods/Standards/Controls
Cleanup levels for the VCP may be based upon proposed use, which includes the potential of implementing institutional controls.
Contaminants Covered
All contaminants covered by the VCP, 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.
Institutional Controls (1C)
For the VCP, ICs allowed as appropriate.
PROGRAM HIGHLIGHTS
The Montana DEQ used Section 128(a) Response Program funding to generate two new background reports for Montana. The first report
presents Typical Indoor Air Concentrations of Volatile Organic Compounds in Non-Smoking Montana Residences Not Impacted by Vapor
Intrusion. The second presents the Background Concentrations of Inorganic Constituents in Montana Surface Soils. Links to both of these reports
can be found at: http://deq.mt.gov/StateSuperfund/resources.mcpx.
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'ORTH DAKOTA
Brownfields Program
North Dakota Department of Health
Division of Waste Management
918 East Divide Avenue, 3rd Floor
Bismarck, ND 58501-1947
http://www.ndhealth.gov/WM/Brownfields/
Contact(s): Curtis Erickson
cerickso@nd.gov
701-328-5166
Derek Hall
dahall @ nd.gov® nd.gov
701-328-5166
Program Overview
Brownfields Program
Cost to enter program: $0
Liability Relief Provisions
PROGRAM
The Division of Waste Management Brownfields Program is application based, and cities, counties or local development groups may apply
for assistance. The concept of the Brownfields Program is to take contaminated or potentially contaminated, underdeveloped or unproductive
property and convert it into productive real estate. http://www.ndhealth.gov/WM/Brownfields/
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: At this time, the state does not charge any fees.
• Sites Enrolled in Program: As of June 2014, 2 active sites are currently enrolled in the program.
• Sites Completed under Program: As of June 2014, 38 sites have completed full or partial cleanups, and 47 sites have completed Phase I or
Phase II assessments through the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
The state is using Section 128(a) Response Program grant funds to conduct site assessments and/or contamination removal activities at
Brownfield sites.
http://www.ndhealth.gov/wm/Brownfields/ApplicationGuidelineForTargetedBrownfieldsAssessmentAssistancelnNorthDakota.pdf
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.
http://www.ndhealth.gov/wm/Publications/QualificationForResponsibilityExemptionRegulatoryAssurance.pdf
PROGRAM ELEMENTS
Methods/Standards/Controls
Cleanup standards or goals are site specific.
Contaminants Covered
The program does not restrict on basis of contaminants.
Institutional Controls (1C)
Various ICs allowed, based on individual sites, future use, location, etc.
http://www.ndhealth.gov/wm/EnvironmentalCovenantslnstitutionalControls.htm
• 1C Tracking: The Department, by law, is required to maintain a record of all ICs 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.ndhealth.qov/WM/Brownfields/BrownfieldsSiteslnNorthDakota.pdf
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PROGRAM HIGHLIGHTS
In 2013, the North Dakota Brownfields Program used Section 128(a) Response Program funding to assist the City of Walhalla in conducting an
asbestos abatement of the Walhalla Clinic, which is a community medical and dental clinic. The clinic was undergoing a complete renovation
and asbestos was discovered during a phase II assessment conducted by the City. The cleanup assistance provided by the Brownfields program
allowed the Clinic to stay on budget for the renovation and will help continue to allow the clinic to operate in this medically underserved rural area
of North Dakota.
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://www.ndhealth.gov/WM/UndergroundStorageTankProgram/
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SOUTH DAKOTA
Brownfields Revitalization and Economic Development Program
South Dakota Department of Environment and Natural Resource
(DENR)
Ground Water Quality Program
Joe Foss Building
523 East Capitol Avenue
Pierre, SD 57501-3181
http://denr.sd.gov
Contact(s): Kim Mclntosh
Brownfields Coordinator
kim.Mcintosh@state.sd.us
605-773-3296
Program Overview
Brownfields Program
Cost to enter program: $0
Liability Relief Provisions
PROGRAM
The Ground Water Quality Program created the Brownfields Program to assist with the redevelopment of brownfields in South Dakota. By
investigating and cleaning up a brownfield property and taking care of the site's possible health or environmental risks, communities can reuse
local land to produce jobs, increase the tax base, or add other benefits such as a park or residential area.
http://denr.sd.gov/des/gw/Brownfields/Brownfields.aspx
• Funding Source(s) for the Program: Federal grants, state general funds and fines and penalties collected by the agency.
• Cost 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.
• Sites Enrolled in VCP: As of June 2014, the program has assisted over 12,890 sites through the voluntary cleanup program (VCP). Each
year approximately 250 new sites are entered into the VCP program.
• Sites Completed underVCP: As of June 2014, over 12,250 sites have received completion or closures letters through the state's program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
The state is using Section 128(a) Response Program grant funds to conduct Phase I and II Assessments of a limited number of brownfield
sites each year. These sites may include mine-scarred lands, petroleum sites, and sites impacted by solvents, heavy metals asbestos, or
controlled substances. As of June 2014, funds have been used to perform assessment and cleanup activities on 57 brownfield sites.
Liability Relief Provisions
Legislation (SDCL Chapter 74:05:12) was passed to establish additional liability provisions for sites designated as brownfields by the state.
PROGRAM 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 EPA Region 5 Risk-Based Concentrations when determining the need for a cleanup action.
Contaminants Covered
The state regulates hazardous substances, hazardous wastes, toxic substances, petroleum, pesticides, metals, and other substances
considered regulated substances under South Dakota Codified Law (SDCL) Chapter 34A-12.
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/des/gw/Spills/dbspillsearch.aspx) contains information on state rules, assessment and
cleanup standards, and provides a mechanism to track long-term institutional controls.
• 1C Tracking: ICs are recorded on deed notices and environmental covenants and are tracked by the Department of Environment and
Natural Resources' (DENR) database.
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• 1C Oversight: The oversight is provided on all assessment and cleanup projects.
• 1C Monitoring: South Dakota does not perform field monitoring of ICs unless a complaint is received, or a problem is identified.
The following Web address is a direct link to the state's public database that maintains an inventory of regulated substance and brownfields,
maps of sites by community, and/or information on ICs being used at a particular site. This link also provides additional detailed information
regarding each contaminated site in the state, http://denr.sd.gov/des/gw/groundprg.aspx.
PROGRAM HIGHLIGHTS
When Huron University closed its doors in 2005 there was a flurry of committee
meetings, strategic planning sessions, and forecasting for what the facility could
become. But with time dampening enthusiasm and no apparent forward progress,
the facility moved to the back of everyone's mind. The owner, an out-of-state real
estate investment company, was unable to find a buyer for the facility and the facility
slowly began to become rundown. In 2011, after exhausting all avenues to find
resources to upgrade the existing campus, the City of Huron worked in conjunction
with numerous private and nonprofit agencies to develop an aggressive plan to
purchase the property and redevelop the site into "Central Park." The redevelopment
plan called for construction of a new full-featured city park with multiple playgrounds,
picnic shelters, a new aquatic center, and renovation of the former "Campus
Center" student union building to offer post-secondary education opportunities
to the community, serve as a meeting venue for community events, and as new
headquarters for the city's parks department. To allow for this redevelopment, six
major structures and a series of tunnels had to be demolished, and a number
of underground fuel tanks also had to be removed. The State Department of
Environment and Natural Resources used section 128(a) Response Program
funding to assist the city in assessing the buildings and site. In addition, 128(a) funds
were used to assist in the development of cleanup plans for the site. Through fund
raising efforts, private business contributions, the New Markets Tax Credit program,
and other local and federal resources, the city assembled a financing package
and began construction of the $12.8 million community facility in the fall of 2011.
Completed in May 2013, the completed project offers the citizens of Huron use
of a new water park, picnic shelters, playground equipment, opportunities to take
college and vocational classes, use of the community meeting rooms, expanded
youth programming, and a picturesque walking trail that encompasses the site.
Huron Mayor David McGirr noted that the redevelopment project would not have
moved forward in a timely manner, or perhaps not all, without section 128(a) assistance. "Addressing the significant environment problems of the
redevelopment site was a major concern for our community leaders and Huron citizens as we explored the feasibility of this project," said McGirr.
"With the assistance of the 128(a) funding we were able to accurately assess the extent of asbestos, mold and petroleum contamination at the
site on a very tight schedule to meet the requirements of our financing package," said McGirr. "The DENR technical and financial assistance
was invaluable in allowing us to determine the scope of the problem and establish a plan for remediation that put our community's environment
concerns at ease."
Area Master Plan for Central Park in Huron
OTHER LAND PROGRAMS
Storage Tanks Program
http://denr.sd.gov/des/gw/tanks/TankSection.aspx
Superfund Program
http://denr.sd.gov/des/qw/Superfund/Superfund.aspx
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UTAH
Voluntary Cleanup Program / Brownfields
Utah Department of Environmental Quality (UDEQ)
Division of Environmental Response and Remediation (DERR)
195 North 1950 West, First Floor
Salt Lake City, UT84116
http://www.environmentalresponse.utah.gov/index.htm
Contact(s): Duane Mortensen
Superfund Branch Manager
dmortensen@utah.gov
801-536-4100
Bill Rees
VCP/Brownfields Section Manager
Brees@utah.gov
801-536-4167
Program Overview
VCP/Brownfields Program
Cost to Enter VCP Program: Voluntary
Cleanup Program application fee: $2,500
and costs in excess of the fee are
reimbursable
Enforceable Written Assurance application
fee: $500 and costs in excess of the fee are
reimbursable
Liability Relief Provisions
PROGRAM
The Utah State Legislature passed the Voluntary Release Cleanup Program statute in 1997. This legislation created the Voluntary Cleanup
Program (VCP) under the Utah Department of Environmental Quality (UDEQ). The VCP is administered by the Division of Environmental
Response and Remediation (DERR). 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
development. The voluntary cleanup of sites will hopefully clear the pathway for returning properties to beneficial use. UDEQ/DERR also provides
assistance to communities and other stakeholders struggling with brownfields issues. An enforceable written assurance (EWA) is a tool to
manage brownfields prior to and after purchase of property.
http://www.deq.utah.gov/ProgramsServices/programs/cercla/voluntarycleanup/index.htm
• Funding Source(s) for the Program: Federal grants (100%).
• Cost to enter program or fees for service: A $2,500 application fee and an environmental assessment are required at time of application.
The fee is used to cover UDEQ/DERR costs for eligibility assessment and signing a voluntary cleanup agreement. Any monies remaining from
the application fee are applied towards oversight. UDEQ/DERR and the applicant must enter into a voluntary cleanup agreement before UDEQ/
DERR can review work plans and reports. The agreement provides for reimbursement of UDEQ/DERR oversight costs by the VCP applicant.
• Sites Enrolled in VCP: As of June 2014, 84 applications had been received by the program.
• Sites Completed under VCP: As of June 2014, 42 Certificates of Completion (COC) and 2 no further actions (NFA) were issued.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Federal grants are available to assist with brownfields reuse projects. When funding is available, the state performs Targeted Brownfields
Assessments (TBA) for eligible applicants.
Liability Relief Provisions
The VCP offers a COC with limited liability relief for non-responsible parties, future owners, and lenders. The Utah Hazardous Substances
Mitigation Act was amended in 2005 to expressly allow the Executive Director to issue EWAs to bona fide prospective purchasers. This
term is defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and incorporated in the
Hazardous Substances Mitigation Act. UDEQ will not bring an enforcement action under the Hazardous Substances Mitigation Act against
the holder of an EWA, provided the holder continues to satisfy the ongoing obligations and reasonable steps associated with the written
assurance. Since June 2014, UDEQ/DERR has received 77 EWA applications and issued 61 EWAs under the Brownfields Program.
PROGRAM ELEMENTS
Methods/Standards/Controls
A VCP applicant has a choice of cleanup standards including background levels, generic risk-based levels, site-specific risk based levels
not relying on ICs, site specific risk-based levels relying on ICs, and others based on consultation with UDEQ/DERR. A VCP applicant may
perform a site-specific risk assessment.
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Contaminants Covered
The program does not restrict on basis of contaminants.
Institutional Controls (1C)
ICs may be allowed as part of a cleanup strategy—use and review is decided on a case-by-case basis.
• 1C Tracking: ICs and conditions of closure are defined in the COC. ICs may also be defined in an environmental covenant developed in
accordance with the Uniform Environmental Covenants 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 UDEQ/DERR's Web page to augment the public
record.
• 1C Tracking: ICs and conditions of closure are defined in the COC. ICs 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 UDEQ/DERR's Web page to augment the public
record.
• 1C Oversight: UDEQ/DERR reviews and accepts all proposed remedies under the VCP prior to implementation. A site management plan
may be necessary to manage engineering and/or ICs.
• 1C Monitoring: The UDEQ/DERR actively manages post-remediation sites with a Site Management Plan and environmental covenant to
ensure the remedy remains protective of human health and the environment.
The following Web addresses are direct links to the state's public database that maintains an inventory of sites, provides site location
information, and/or tracks ICs. The links also provide additional information regarding contaminated sites in the state.
http://www.superfund.utah.gov/vcp.htm
http://www.enviromap.utah.gov/
http://www.superfund.utah.gov/vcpic.htm
http://www.eqedocs.utah.qov/Default.aspx?SSName=DERR CERCLA EC
PROGRAM HIGHLIGHTS
Cleanup of the former Morgan Hanauer Smelter was completed in August 2008 and a COC was issued under the VCP. A mixed use
development became the driving force for the transformation of this underutilized property since a light rail station is directly adjacent to the site.
In July 2013, an EWA was issued to help establish Reasonable Steps and facilitate operation of a long-term acute care hospital on the northwest
portion of the site. This new development further promotes the reuse of the former Morgan Hanauer Smelter property and is helping transform
the surrounding area.
Former Morgan Hanauer Smelter site - Before
Former Morgan Hanauer Smelter site - After
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://www.undergroundtanks.utah.gov/
Leaking Underground Storage Tanks (LUST) Program
http://www.undergroundtanks.utah.gov/lust.htm
Methamphetamine Cleanup
http://www.superfund.utah.gov/meth cleanup.htm
Superfund Program
http://www.superfund.utah.gov/
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WYOMING
Voluntary Remediation Program (VRP) / Brownfields
Assistance
Wyoming Department of Environmental Quality (DEQ)
122 W. 25th Street
Herschler Building
Cheyenne, WY 82002
http://deq.state.wy.us/shwd/
Contact(s): Jerry Breed
VRP Program Manager
jerry.breed@wyo.gov
307-777-5617
Vickie Meredith
Brownfields/Orphan Sites Program Supervisor
vickie.meredith@wyo.gov
307-335-6948
Program Overview
Brownfields Assistance Program
Cost to Enter the VRP Program: $500 plus
oversight fees ($50/hour)
MOA with EPA Region 8 (March 2002)
Liability Relief Provisions
PROGRAM
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, the Wyoming Department of Environmental Quality (DEQ) created a
Brownfields Assistance Program to help local governments facilitate investigation and cleanup of brownfields.
http://deq.state.wy.us/volremedi/index.asp
• Funding Source(s) for the Program: Federal grants.
• Cost 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.
• Sites Enrolled in VRP: As of June 2014, 193 sites were in the program.
• Sites Completed under VRP: As of June 2014, 93 sites had complete cleanups through the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of technical assistance is available to assist with brownfields reuse projects, http://deq.state.wy.us/volremedi/brownfields.asp
Liability Relief Provisions
DEQ has three types of liability assurances: Covenants Not to Sue, Certificates of Completion, and No Further Action letters.
http://deq.state.wv.us/volremedi/Templates/incentives.asp
PROGRAM 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
onsite; and supplemental requirements.
Contaminants Covered
All contaminants are eligible in the program.
Institutional Controls (1C)
The program uses ICs.
• 1C Tracking: Conducted as part of remedy agreement performance criteria; publicly available on Voluntary Remediation Program (VRP)
website.
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• 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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://deq.state.wy.us/volremedi/sitelist.asp
PROGRAM HIGHLIGHTS
In Wyoming in 2011, a new rule took effect that states that facilities must be implementing a Pollution Prevention (P2) Plan consistent with the
promulgated Voluntary Remediation Program (VRP) rule to be eligible to enter a contaminated site into the program. A statewide outreach
campaign utilizing a variety of media was launched to inform Wyoming facility owners and operators about Pollution Prevention Planning and the
new rule.
Components of the outreach campaign included:
• A mass mailing to over 15,000 entities in Wyoming
• Development of two 60-second P2 public service announcements (PSAs) that aired on multiple radio stations over several months
• Development of two 30-second PSAs in video format that aired on both local and cable TV outlets statewide
• Two half-page color display PSAs published in the only statewide newspaper in Wyoming
• Development of an "Interactive Toolbox" for the VRP website that provides Best Management Practices for P2, and a variety of other
electronic P2 resources for Wyoming business owners and operators
In September 2011, the National Pollution Prevention Roundtable announced that the Wyoming Department of Environment Quality VRP won an
MVP2 award for Multi Media for the television video P2 PSA, an MVP2 award for Multi Media for the electronic outreach material (P2 Interactive
Toolbox), and an honorable mention award for the radio PSA. For more information on the Wyoming VRP and the P2 outreach efforts, please
visit the website: http://deq.state.wy.us/volremedi/P2-planning.asp.
OTHER LAND PROGRAMS
Storage Tank Program
http://deq.state.wy.us/shwd/stp/index.asp
Hazardous Waste and Corrective Action
http://deq.state.wy.us/shwd/HW/index hw.asp
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EPA REGION 9
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AMERICAN SAMOA
Brownfields Response
American Samoa Environmental Protection Agency
(AS-EPA)
P.O. Box PPA
Utulei Office Building
Pago Pago, American Samoa 96799
http ://www. epa. as.gov/
Contact(s): loane Tomanogi
Brownfields Coordinator
ioane.tomanogi @ epa.as.gov
684-633-2304
Program Overview
CERCLA 128(a) State Response
Program
Brownfields Program
Pacific Island Brownfields Response
Team
PROGRAM
The American Samoa State Response Program works to identify, evaluate, and address site-specific sources of environmental contamination in
American Samoa (AS). By establishing enforcement authorities, enhancing public awareness, providing technical assistance, and coordinating
with local partners, AS-EPA facilitates environmental response actions and encourages sustainable planning and reuse of potentially
contaminated properties, http://www.epa.as.gov/brownfields-response
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: N/A.
• Sites Enrolled in VCP: N/A.
• Sites Completed under VCP: N/A.
FINANCIAL ELEMENTS
At this time, all program funding is provided under Section 128(a) of the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA). On November 29, 2010, American Samoa signed a Department of Defense State Memorandum of Agreement
(DSMOA) and officially become the 53rd participant of the DSMOA Program.
PROGRAM ELEMENTS
AS-EPA works to enhance the four elements of a State Response Program as defined under CERCLA Section 128(a). The program
integrates the objectives of various environmental branches that include hazardous materials, emergency response, solid waste,
Underground Storage Tank/Aboveground Storage Tank, public outreach, land use management, geographic information systems,
engineering, and environmental law. AS-EPA also participates on the Pacific Islands Brownfields Response Team, formed in collaboration
with the State Response Programs of Guam, Hawaii, and the Commonwealth of Northern Mariana Islands to address the unique
environmental and programmatic challenges inherent to the Pacific Islands.
Contaminants Covered
There are no exclusions under the program.
Institutional Controls (1C)
ICs are determined on a case-by-case basis.
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PROGRAM HIGHLIGHTS
Dozens of calls were received from schools regarding the presence of unknown chemicals and
materials in their science laboratories. AS-EPA conducted lab inspections of five high schools
and the American Samoa Community College and determined a variety of expired, unlabeled,
and unused chemicals. There were numerous containers of unidentified and expired chemicals
accumulating and subject to deterioration at the site. All of these materials present the threat of
a release of a hazardous substance to the environment. AS-EPA worked together with US-EPA
in the proper removal and containment of these chemicals and hazardous substances. Acids,
bases, and oxidizers were neutralized while mercury and other instruments containing mercury
were packed for transport. AS-EPA is working with the Department of Education in developing a
chemical management plan for every school laboratory.
OTHER LAND PROGRAMS
Hazardous Materials
http://www.epa.as.gov/hazardous-materials
Chemical and hazardous waste removal from
school laboratories.
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ARIZONA
Voluntary Remediation Program / Brownfields
Assistance Program
Arizona Department of Environmental Quality (ADEQ)
Waste Programs Division
1110W. Washington Street
Phoenix, AZ 85007
Contact(s): Julie Hoskin
Voluntary Remediation Program (VRP)
Manager
Hoskin.Julie@azdeq.gov
602-771-4866
Jennie E. Cure
Brownfields Coordinator
jec@ azdeq.gov
602-771-2296
Program Overview
Brownfields Program
Cost to Enter the Program: $2,000
application fee plus additional fees
Liability Relief Provisions
Brownfields Redevelopment Toolbox
PROGRAM
Through Arizona Department of Environmental Quality's (ADEQ) Voluntary Remediation Program (VRP), property owners, prospective
purchasers and other interested parties investigate or clean up a contaminated site in cooperation with ADEQ. VRP results in a streamlined
process for program participants who work with a single point of contact at ADEQ to address applicable cross-program remediation efforts.
ADEQ reviews these voluntary remedial actions and provides a closure document for successful site remediation that is accepted by all relevant
ADEQ programs, http://www.azdeq.gov/environ/waste/cleanup/vol.html
• Funding Source(s) for the Program: Program fees and federal grants.
• Cost 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 a No Further Action (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 ADEQ.
• Sites Enrolled in VRP: As of June 2014, 76 sites were in the program.
• Sites Completed under VRP: As of June 2014, 191 sites completed cleanup through the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
Site Assessment and Cleanup grants -Through an EPA grant, funds are provided to perform environmental site investigation and cleanup
activities if needed, fora 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. http://www.adeq.state.az.us/environ/waste/cleanup/brownfields.html
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 (CNTS) 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.
http://www.azdeq.gov/environ/waste/sps/liability.html
Arizona Brownfields Redevelopment Toolbox
The purpose of this Toolbox is to explain the brownfields process in straightforward terms, and provide rural and smaller city governments/
entities/communities with a systematic, start-to-finish, guide to brownfields redevelopment.
http://www.azdeq.gov/environ/waste/cleanup/download/bftoolbox.pdf
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PROGRAM 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 and Recovery Act (RCRA) and Leaking
Underground Storage Tanks (LIST).
Contaminants Covered
The following contaminants are covered under the program: 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; and hazardous wastes that
are ignitable, corrosive, reactive or toxic. Crude oil and its fractions are excluded.
Institutional Controls (1C)
Arizona has a long-term stewardship program for the state voluntary and brownfields cleanup programs that includes monitoring, ICs, review
and reevaluation, and Declaration of Environmental Use Restriction (DEUR) that run with the land.
• 1C Tracking: The program maintains a database that tracks ICs and will be made available to the public via the ADEQ website. The
database tracks both the implementation and monitoring of ICs 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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://www.azdeq.gov/databases/deursearch.html
PROGRAM HIGHLIGHTS
Littlefield is an unincorporated community in Mohave County located in the
"Arizona Strip" region of Arizona (North of the Grand Canyon). The Littlefield
Unified School District #9 applied for an asbestos abatement grant for the Old
Littlefield School House. Built in 1924, it replaced an even older structure that
was built in 1894. The school house was used for town meetings and Sunday
school and served as the Littlefield Grade School. The Old Littlefield School
Association was formed and partnered with the school district to preserve this
historic structure. Removal of asbestos was necessary to initiate repairs on the
building and to restore the structure to its original state. Community benefits of the
restored schoolhouse include its conversion to a historical museum, an opportunity
to highlight the rich history of this region, and to act as a community center for
public meetings and gatherings. The museum will provide an opportunity to present
historical material to future generations about the people who first settled this part
of Arizona.
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://www.azdeq.gov/environ/waste/ust/index.html
Hazardous Waste Program
http://www.azdeq.gov/environ/waste/hazwaste/index.html
Superfund Program
http://www.azdeq.gov/environ/waste/sps/index.html
Old Littlefield School House, built in 1924.
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CALIFORNIA
Brownfields and Environmental Restoration
California Department of Toxic Substances Control (DISC)
700 Heinz Avenue
Berkeley, CA 94710
http://www.dtsc.ca.gov/SiteCleanup/
Contact(s): Janet Naito
janet.naito@dtsc.ca.gov
510-540-3825
Program Overview
Brownfields Program
Cost to Enter the Program: Cost
recovery
Liability Relief Provisions
PROGRAM
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 (LUST) Cleanup Fund
Program. DTSC generally addresses brownfields cleanups using programs under its Brownfields and Environmental Restoration Program.
DTSC Brownfields Reuse Program - http://www.dtsc.ca.gov/SiteCleanup/Brownfields/
CA EPA Brownfields Program - http://www.calepa.ca.gov/Brownfields/
CA SWRCB Brownfields Program - http://www.swrcb.ca.gov/water issues/programs/brownfields/
• Funding Source(s) for the Program: State Accounts and reimbursements (approximately 80%), federal grants (approximately 20%).
• Cost 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's SLIC program also requires reimbursement of staff costs.
• Sites Enrolled in VCP: As of June 2014, DTSC and Water Boards staff conduct and oversee cleanup on an average of 1,500 sites at any
given time. Site-specific information can be found at:
http://www.envirostor.dtsc.ca.gov/public/.
• Sites Completed under VCP: As of June 2014, DTSC staff issued either certifications or no further action decisions on over 561 voluntary
cleanup sites.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans and technical assistance is available to assist with brownfields reuse projects.
http://www.dtsc.ca.gov/SiteCleanup/Brownfields/Loans Grants.cfm
http://www.waterboards.ca.gov/water issues/programs/grants loans/
Liability Relief Provisions
Liability relief programs include:
• 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.
• California Land Reuse and Revitalization Act (AB389) - http://www.dtsc.ca.gov/SiteCleanup/Brownfields/BrownLandReuse.cfm
• Prospective Purchaser Agreements and Liability Relief- http://www.dtsc.ca.gov/SiteCleanup/Brownfields/BrownProsPurchaser.cfm
• Site Designation Committee - http://www.calepa.ca.gov/Programs/SiteDesig/
• Local Government Agency Program (AB 440) - Beginning January 1, 2014 creates a program that provides immunity from liability for
local agencies and subsequent property purchasers when local agencies clean up hazardous substance releases on a blighted property
in accordance with specified procedures. http://www.dtsc.ca.gov/SiteCleanup/Brownfields/BrownfieldsVoluntaryProgram.cfm
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PROGRAM ELEMENTS
Methods/Standards/Controls
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 brownfields to assist developers and local governments in
estimating the costs and extent of cleanup. DISC follows EPA guidance for risk assessments and uses the federal risk management range
with 10-6 as the point of departure. Water Boards develop Basin Plans which set cleanup requirements for ground water and surface water
within each basin. Recent legislation (AB 422) requires DISC and the Water Boards to evaluate the potential for migration of chemicals into
indoor air.
Contaminants Covered
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.
Institutional Controls (1C)
The state allows ICs, monitors, and enforces cleanups, and completes audits. ICs include well drilling restrictions, easements, restrictive
covenants, reversionary interests, deed restrictions, and notices placed on deeds. As mandated by state law, DTSC and the Water Boards
maintain a list of deed-restricted properties that is available on the Internet.
https://dtsc.ca.gov/SiteCleanup/SCLandUseRestrictionSites.cfm and http://www.waterboards.ca.gov/water issues/programs/deed restrict/
• 1C Tracking: ICs 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.
PROGRAM HIGHLIGHTS
DTSC provided $525,000 through a sub-grant from its Revolving Loan Fund to address contamination from a former auto wrecking yard so
that the property could be redeveloped for affordable housing in San Jose. The funds were used to remove soil containing lead, petroleum
hydrocarbons and polychlorinated biphenyls (PCBs).The City of San Jose provided land acquisition and construction loans to help realize key
city objectives to stimulate development and affordable housing near transit and downtown jobs. The 92-unit Orvieto Family Apartments complex
officially opened in May 2012, following a year-long contaminant cleanup overseen by the DTSC. Its location near bus lines, light rail and within
a mile of a major retail center and its integration into a larger 29-acre Mediterranean-themed development called Montecito Vista Urban Village,
provides a new gateway into downtown San Jose from the south. The project created an estimated 130 jobs and paid $600,000 in fees to the city
and local school district.
DTSC's Targeted Site Investigation (TSI) Program, a sub-task under the CERCLA Section 128(a) State Response Program, assists with
brownfields redevelopment decisions through a no-cost environmental assessment program for local agencies and non-profits. Of the over
80 projects completed, several have been redeveloped. Groundwork San Diego Chollas Creek, a non-profit organization whose focus is to
bring about sustained improvement and management of the physical environment through community based partnerships, was awarded an
approximately $75,000 grant for the assessment of the EarthLab Pocket Park. Through the TSI program, DTSC determined that there were no
environmental conditions that would prevent redevelopment. Groundwork has obtained funding, and improvements at EarthLab are underway.
This pocket park will offer a safe walkable route for local middle school students, and connect the community with public transit. EarthLab will
also serve as a community resource by hosting workshops on backyard habitats, edible landscaping, and native plant propagation.
OTHER LAND PROGRAMS
Voluntary Cleanup Program
https://dtsc.ca.gov/SiteCleanup/Brownfields/BrownfieldsVoluntaryProgram.cfm
Underground Storage Tanks (UST) Program
http://www.waterboards.ca.gov/water issues/programs/ust/
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GUAM
Brownfields Program
Guam Environmental Protection Agency Green Parcel Program
Program Overview
Guam Environmental Protection Agency (Guam EPA)
P.O. Box 22439 GMF
Barrigada, GU 96913
http://epa.quam.gov/
Contact(s): Walter S. Leon Guerrero
Program Manager
walter.leonquerrero@epa.quam.gov
671-300-4751
PROGRAM
Guam EPA's Green Parcel's mission is to discover, assess, and address all potentially contaminated sites and to ensure protection of human
health and the environment by encouraging public participation in decision-making and applying appropriate enforcement actions when
necessary. It is Guam EPA's goal to identify and evaluate the risks posed by these properties and find solutions so that reuse and redevelopment
is possible. Guam EPA seeks to accomplish these goals through public education, outreach, and local partnerships with private and government
agencies. Green Parcel has worked with a contractor to develop the Pacific Basin Environmental Screening Levels (PBESLs) for Guam. The
PBESLs will allow the environmental contractors a unified approach to site assessment and clean-up.
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: N/A.
• Sites Enrolled in VCP: N/A.
• Sites Completed under VCP: N/A.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• Section 128(a) Response Program Grant - $225,000 for Brownfields Site Assessment and Cleanup (2014) and development.
• Guam EPA is using Section 128(a) Response Program funds to conduct site assessment and to identify cleanup activities.
PROGRAM ELEMENTS
Under Section 128(a) Response Program funding, Guam EPA is in the process of establishing program guidelines, legal authorities and
public awareness necessary to address contaminated properties.
Contaminants Covered
The program covers Comprehensive Environmental Response Compensation and Liability Act (CERCLA) hazardous substances,
petroleum, lead-based paint and asbestos.
PROGRAM HIGHLIGHTS
In 2014, Guam EPA officially adopted the Pacific Basin Environmental Screening Levels (Pacific Basin ESLs) through board resolution. The
Pacific Basin ESLs provide a baseline number for cleanup levels. The ESLs were created using scientific information collected at previous
investigations. That information helped create a system that recommends the proper cleanup level required during response actions.
The Pacific Basin ESLs serve as standards to follow for any type of response action in Guam. The levels establish a baseline number that all
assessment and cleanup actions should strive to achieve. Although each site is still directed by the site manager, and they have the ability to
determine the final cleanup levels, the PBESLs give them a framework to start with. The levels can also be used to help in situations where there
is a perceived presence of hazard.
The PBESLs in Guam are more stringent than those used in other areas. The conservative levels were set due to the island's reliance on a
single source aquifer, the Northern Guam Lens. The Lens is housed in limestone karst. The limestone acts like a sponge for water and pollutants,
it makes it possible for contamination to directly affect the drinking water source. The speed at which possible contaminants from land can
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reach the Northern Guam Lens makes it more fragile than other water sources. During the past seven years, staff from Guam EPA worked with
Hawaii's Dr. Roger Brewer to develop the Pacific Basin ESLs. The working group hosted multiple meetings for internal staff, private companies,
and other government entities. The group also conducted a public hearing and presentation about the Pacific Basin ESLs to the Guam EPA
board of directors during their February 2014 monthly meeting.
Dr. Brewer developed the ESLs for many Pacific islands including the Commonwealth of the Northern Mariana Islands (CNMI) and Hawaii.
Although Guam's ESLs are based on prior models, some of the screening levels were changed to be more conservative to protect the Northern
Guam Lens. More than 80% of island residents get their drinking water from the Northern Guam Lens. The Lens is considered a "highly
vulnerable aquifer" by ESL standards. Highly Vulnerable Aquifers have more stringent soil leaching screening levels for a few chemicals including
TPH and aldrin. Based on this, the default setting for Guam when utilizing the surfer is "highly vulnerable aquifer."
The Pacific Basin ESLs are typically used through a newly-created "surfer." The surfer is a Microsoft Excel document that helps contractors and
other entities use the Pacific Basin ESLs. The easy-to-use interface allows the user to quickly reference the level of cleanup they should plan to
achieve and other factors to take into consideration during the planning process. The basis of the surfer is the Pacific Basin ESL document.
For more information about the Pacific Basin ESLs and to download the surfer or the board resolution, visit epa.guam.gov.
OTHER LAND PROGRAMS
Underground Storage Tank (UST) Program
http://quamepa.net/Guam Underground Storage Tank Regulations (Draft Final v. 02DEC10)f11.pdf
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HAWAII
State Cleanup Program
Brownfields Cleanup and Redevelopment
Hazard Evaluation and Emergency Response (HEER) Office
Hawaii Department of Health (HDOH)
919 Ala Moana Boulevard, Room 206
Honolulu, HI 96814
http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/brownfields-
redevelopment-program
Contact(s): Fenix Grange
fenix.grange@doh.hawaii.gov
808-586-4249
Melody Calisay
melody.calisay@doh.hawaii.gov
808-586-4249
Hawaii Brownfields Revolving Loan Fund
Office of Planning
Department of Business Economic Development and Tourism
P.O. Box 2359
Honolulu, HI 96804-2359
http://planning.hawaii.gov/spb/
Contact(s): Ruby Edwards
redwards@dbedt.hawaii.gov
808-587-2817
Mary Alice Evans
maevans@dbedt.hawaii.gov
808-587-2802
Program Overview
Fast Track Cleanups
• Cost: Oversight fees
Voluntary Response Program
Liability Relief Provisions
• Cost: $1,000 plus oversight fees
• Liability Relief Provisions
PROGRAM
The State of Hawaii State Cleanup Program (SCP) provides two targeted cleanup programs for brownfields to encourage voluntary investigation
and cleanup of properties that may be contaminated. The Voluntary Response Program (VRP) offers purchasers exemption from future liability
related to contamination addressed under the VRP, providing technical guidance, timely oversight and regulatory assurance of completed
cleanups. The VRP is used successfully by property owners, prospective purchasers, developers, and lenders.
http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/voluntary-response-program
The State of Hawaii's Fast Track Clean-up Program (FTC) offers landowners or other private parties the alternative to conduct an expedited
voluntary investigation or cleanup under a simple agreement with the HEER Office. While still adhering to the State Contingency Plan (SCP),
FTC offers a fundamentally different approach from traditional SCP cleanups by placing a greater burden of technical justification on the
participant, with less intermediate regulatory review and approval of multiple work plans and other interim report submittals. The focus of FTC is
to streamline and expedite the assessment, cleanup, and closure process at low- and medium-priority sites.
• Funding Source(s) for the State Cleanup Programs: Federal grants, State of Hawaii Brownfields Cleanup Revolving Loan Fund and State
Environmental Response Revolving Fund.
• Cost to enter VRP program or fees for service: $1,000 application fee per request, $100 per hour oversight charge (applied to a required
$5,000 deposit).
• Sites Enrolled in VRP: As of June 2014, 38 contaminated properties have been enrolled in the VRP program. Today, there are a total of 9
active VRP sites in the program.
• Sites Completed under VRP: As of June 2014, HDOH has issued 21 Letters of Completion for 19 sites, closed one site with a No Further
Action (NFA) determination without liability relief, and 3 sites withdrew from the program.
• Fees for service for Fast Track and traditional SCP cleanups: Hourly oversight charge.
Note: Many brownfields redevelopments continue to be investigated and cleaned up under the traditional state cleanup program.
• Sites Enrolled in State Program: Between Fiscal Year (FY) 2009 and FY 2013, 150 new sites have been added. As of June 2014, the HEER
office was overseeing assessment and cleanup of 458 active state sites
• Sites Completed understate Program: Between FY 2009 and FY 2013, a total of 173 state sites have received NFA determinations.
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FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• 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 may also be leveraged.
• Coalition partners work through existing planning and redevelopment programs to identify additional funding sources for brownfields cleanup.
Liability Relief Provisions
Under Hawaii's Environmental Response Law, HRS 128D, Part II, Eligible purchasers who receive a Letter of Completion through Hawaii's
Voluntary Response Program are exempt from future liability related to contamination addressed under the VRP. The VRP requires that remedies
must meet the cancer risk level of 10-6.
http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/voluntary-response-program
Bona Fide Prospective Purchaser Protection
In 2009, HRS 128D was amended to add a definition for "bona fide prospective purchasers" consistent with federal law which limits civil liability
for bona fide prospective purchasers who knowingly purchase contaminated property.
PROGRAM 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.
http://eha-web.doh.hawaii.gov/eha-cma/documents/e1e1aOdf-3001-4c51-9923-fc404786c7d1 and
http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/environmental-hazard-evaluation-and-environmental-action-levels
Contaminants Covered
Over 150 common contaminants are covered, including petroleum compounds, solvents, metals, pesticides, dioxins, polychlorinated
biphenyls, polycyclic aromatic hydrocarbons, etc. Asbestos and lead-based paint are evaluated separately.
Institutional Controls (1C)
ICs are allowed, primarily after active remediation has been conducted.
1C Tracking, Oversight, and Monitoring: Hawaii has an 1C tracking system, and provides oversight through closure documents and
environmental covenants that reference ICs. Under the State Response Program Grant, Hawaii has begun to monitor existing ICs and
expand the State 1C tracking program. 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 ICs. This link also provides additional information regarding contaminated sites in the state.
http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/public-records
PROGRAM HIGHLIGHTS
The small footprint of the Hawaiian Islands, combined with intense urban expansion pressures, unique volcanic soils, and a remote tropical
ocean environment create unique regulatory challenges. Hawaii has no hazardous waste disposal facilities in the state, a critical shortage of
municipal landfill space, area-wide petroleum contamination in island harbors, unusual soil and sediment conditions, and a rare and fragile tropical
ecosystem. Hawaii uses its Section 128(a) Response Program funding to address these challenges and encourage safe, effective, and defensible
investigations and remedies at contaminated sites throughout the island chain. Hawaii recently completed a Background Metals Study to address
a key data gap that has confounded environmental investigations in the state for years. The iron-rich volcanic soils have elevated concentrations
of a number metals, well above U.S. Environmental Protection Agency's (EPA's) Regional Screening Levels (RSLs) and the state's EALs. The
background study statistically analyzed concentrations of 29 naturally occurring metals in 180 surface soil samples across the main Hawaiian
Islands, and provides an approach to distinguish naturally occurring concentrations from releases of hazardous substances. One critical outcome
of this EPA-funded research is the prevention of unnecessary delineation and remediation where naturally occurring concentrations of metals are
significantly higher than EALs. To see the report, go to: http://hawaii.gov/health/environmental/hazard/docs/99335.pdf.
OTHER LAND PROGRAMS
Underground Storage Tank (UST) Program
http://health.hawaii.gov/shwb/ustlust-data/
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NEVADA
Brownfields Prog ram/Voluntary Cleanup Program (VCP)
Nevada Division of Environmental Protection (NDEP)
Bureau of Corrective Actions
901 S Stewart Street
Carson City, NV 89701
http ://nd ep. nv. gov/bca/
Contact(s): Jeff Collins
Bureau Chief
jrcollins@ndep.nv.gov
775-687-9381
David Friedman
Brownfields Project Manager
dfriedman@ndep.nv.gov
775-687-9385
Program Overview
Brownfields Program
Cost to Enter the Program: None. VCP
cost based on type/size of property
Liability Relief Provisions
PROGRAM
Nevada's Section 128(a) Response Program aims to reach for opportunities to create partnerships that improve Nevadans' 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 Nevada Division of Environmental Protection (NDEP).
http://ndep.nv.gov/bca/vcp.htm
• Funding Source(s) for the Program: Federal grants.
• Cost to enter Voluntary Cleanup Program or fees for service: 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).
• Sites Enrolled in VCP: As of June 2014, 1 site was enrolled in the program.
• Sites Completed under VCP: As of June 2014, 1 site had completed cleanup through the program.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• NDEP is using Section 128(a) Response Program funds to conduct site assessment and cleanup activities.
http://ndep.nv.gov/bca/brownfield state-grant.htm
• Nevada also operates an $800,000 Revolving Loan Fund targeted for cleanups conducted by private land owners and developers.
http://ndep.nv.gov/bca/brownfld loans.htm
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 that 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. http://ndep.nv.gov/bca/liabilitv.htm
PROGRAM ELEMENTS
Methods/Standards/Controls
Actions under the state brownfield program and 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 Project Plan
(QAPP) that U.S. Environmental Protection Agency (EPA) Region 9 approves and meets Tier III data quality requirements with independent
data verification. This is achieved by following the Region 9-approved State of Nevada Brownfields Program QAPP.
http://ndep.nv.gov/bca/brownfields qa plan13.htm
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Contaminants Covered
Asbestos, lead paint and polychlorinated biphenyls (PCBs) are all covered under the program. Petroleum is covered under the program only
if the site does not qualify for reimbursement under the state's Petroleum Fund.
Institutional Controls (1C)
ICs are utilized in NDEP No Further Action letters.
• 1C Tracking, Oversight, and Monitoring: NDEP is currently developing an 1C tracking, oversight and monitoring program.
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 ICs.
This link also provides additional information regarding contaminated sites in the state, http://ndep.nv.gov/bca/data.htm
PROGRAM HIGHLIGHTS
Since 2010, the Nevada 128(a) Brownfields program has worked on several
Phase I and Phase II environmental site assessments (ESA) with the Truckee
River Flood Project helping the Flood Project to acquire land adjacent to the river
along its course through Reno and Sparks, NV. The Truckee River Flood Project
is a joint effort formed by interlocal agreement between Washoe County, NV,
the cities of Reno and Sparks, NV and in partnership with the U.S. Army Corps
of Engineers (USAGE) and numerous stakeholders. The purpose of the Flood
Project is to reduce the impact of flooding in the Truckee Meadows, restore the
Truckee River ecosystem, and improve recreational opportunities along the river.
The primary guidance document that the Flood Project uses to achieve these
goals is the "Living River Plan", the community's flood management plan. This
document is the result of a six-year effort by the Truckee River Flood Project's
Community Coalition and represents more than 500 public meetings and 20,000
volunteer hours. Members of the coalition put forth a tremendous effort to arrive
at a plan that was ultimately accepted community-wide and it has provided the
majority of the USAGE'S flood protection plan for this portion of the river.
The Nevada Brownfields program has provided Phase I ESAs on three parcels
and Phase II ESAs on six parcels for the Flood Project utilizing more than
$55,000 of Federal 128(a) funding. The Phase II ESAs were conducted on
contiguous parcels in Reno, NV that had previously been occupied by a variety of commercial tenants, including auto repair shops, a photo
developer, construction companies, machine shops, a granite counter top manufacturer, a painter, and multiple restaurants for over 30 years.
In 2010, all structures were demolished leaving only concrete building pads and asphalt paved parking areas in place pending future site
rehabilitation. A Phase I ESA performed for the Flood Project recommended further sampling and investigation due to the history of petroleum
product and solvent usage on the properties. The Phase II assessments used a combination of test pits and passive soil gas samples to
investigate the site for total petroleum hydrocarbons (TPH), volatile organic compounds (VOCs), and metals. The Phase II assessments
determined that there were no significant impacts to the site by potential contaminants of concern and that the Flood Project could proceed with
property acquisition and its planned restoration activities of the parcels without special management considerations to disturbed soil.
OTHER LAND PROGRAMS
Petroleum Program
http://ndep.nv.gov/bca/fundhome.htm
Superfund Program
http://ndep.nv.qov/bca/spfdhome.htm
View of the Truckee River from Parcels Assessed for the
Truckee River Flood Project
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NORTHERN MARIANA ISLANDS
Brownfields Program
Commonwealth of the Northern Mariana Islands (CNMI)
Division of Environmental Quality (DEQ)
Site Assessment and Remediation Branch
PO Box 501304
Saipan, MP 96950
http://www.deq.gov.mp
Contact(s): Ray Masga, Brownfields Coordinator
raymasga@deq.gov.mp
670-664-8500
Program Overview
Submerged Lands Project - UXO Hazard
Community Outreach - UXO Safety
Voluntary Response Project
DEQ Staff Training - HAZWOPER Trainers
Brownfields 104k Phase II ESA Projects
PROGRAM
The Commonwealth of the Northern Mariana Islands (CNMI) Division of Environmental Quality's (DEQ) Site Assessment and Remediation
(SAR) branch protects public health and the environment by ensuring the assessment and cleanup of sites contaminated by hazardous
substances and petroleum products. This branch is responsible for the assessment and cleanup of site contamination, as a result of the release
of hazardous substances and petroleum, which includes reviewing and approving of all remedial action work plans (including sampling, analysis,
and quality assurance plans); implementing the Site Discovery, Preliminary Assessment and Site Inspection program, and the Section 128(a)
State and Tribal Response Program; and coordinating with the U.S. Army Corps of Engineers (USAGE) with Formerly Used Defense Site
activities, http://www.deq.gov.mp/sec.asp?seclD=8
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: N/A.
• Sites Enrolled in VCP: N/A.
• Sites Completed under VCP: N/A.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• CNMI DEQ is using Section 128(a) Response Program grant funds to develop and enhance its Response Program by establishing
program guidance documents, policies and regulations. Section 128(a) is also used to provide training to staff for capacity building and
professional development. Some funding is used to conduct site stabilization activity to minimize or prevent hazardous substance and/or
petroleum releases.
• EPA Brownfields Hazardous Substance Assessment grant ($200,000) and EPA Brownfields Petroleum Assessments grant ($200,000).
Both funding sources are used for conducting Phase I and Phase II Environmental Site Assessments (ESA).
Pacific Islands Brownfields Response Team
The Pacific Islands Brownfields Response Team (PIBRT) was created to establish regional support for the development and enhancement
of Response Programs under Section 128(a) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
The PIBRT represents collaboration between American Samoa EPA, Guam EPA, CNMI DEQ, and the Hawaii Department of Health. Team
members seek to enhance their respective Response Programs through cooperation, coordination and leveraging of resources. PIBRT also
hopes to bring greater recognition and attention to the unique challenges and accomplishments of Response Programs the Pacific Islands.
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PROGRAM ELEMENTS
Methods/Standards/Controls
CNMI DEQ prepared an Environmental Screening Levels (ESLs) document in 2005 (updated March 2009). The CNMI DEQ ESLs is modeled
after the Hawaii Department of Health EALs and the California Environmental Protection Agency ESLs.
http://www.deq. gov.mp/article.asp?seclD=8&artlD=133
Contaminants Covered
Hazardous substance (including explosives constituents) and petroleum products.
Institutional Controls (1C)
ICs are allowed under the program as prescribed under the Harmful Substance Cleanup Regulations (Part 200 §65-40-220).
The following Web address is a direct link to CNMI's public record that maintains an inventory of sites, maps sites, and/or tracks ICs. This link
also provides additional information regarding contaminated sites in CNMI. http://www.deq.gov.mp/article.asp?seclD=8&artlD=96
PROGRAM HIGHLIGHTS
Under the Section 128(a) Response Program, the CNMI DEQ, with technical assistance from EPA Region 9, conducted assessment activities
at the 7.6-acres KV-1 site located in Koblerville, Saipan. Surrounded by vacant private land, contamination at KV-1 site has thus far hindered
potential redevelopment in the area. Goals for the site are to characterize the fuel product, delineate the contamination plume, and determine the
cleanup method needed to eventually clean up the property—Section 128(a) Response Program funding has been instrumental in setting the
stage for the site-specific investigation to collect this information. The assessment included installation and sampling of 13 monitoring wells for
contaminant and plume characterization, producing valuable property information that will lead to a cleanup decision. This will eventually allow
the property and adjacent properties to regain their market value. CNMI depends on tourism and available lands for economic revitalization, and
over the past few years, the CNMI economy has been impacted adversely by the recent global economic recession. This has triggered a decline
in both the number of tourists coming to the CNMI and the interest of investors in acquiring available land for development. Efforts such as the
KV-1 site assessment will help reverse this trend.
OTHER LAND PROGRAMS
Pesticides and Storage Tanks Program
http://www.deq. gov.mp/sec.asp?seclD=7
Toxic Waste Management Program
http://www.deq. gov.mp/sec.asp?seclD=11
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EPA REGION 10
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ALASKA
Reuse & Redevelopment (R&R) Program
Alaska Department of Environmental Conservation (DEC)
Division of Spill Prevention and Response
Contaminated Sites Program
410 Willoughby Avenue, Suite 303
Juneau, Alaska 99811-1800
http://dec.alaska.gov/spar/csp/
Contacts: Amy Dieffenbacher
Brownfield Coordinator
Amy.Dieffenbacher@alaska.gov
907-465-5368
Sally Schlichting
Environmental Program Manager
Sally.Schlichting@alaska.gov
907-465-5076
Program Overview
Reuse & Redevelopment Program
Cost to Enter the Program: No fee
Assessment and Limited Cleanup
Services
Liability Relief Provisions
PROGRAM
The Alaska Department of Environmental Conservation's (DEC) Reuse & Redevelopment (R&R) Program has developed resources to assist
tribes, Alaska Native corporations, municipalities, and borough governments in identifying and assessing their brownfield sites. The Program
works to help other state agencies in managing their contaminated sites for which a redevelopment interest exists on the part of a local
community. The R&R Program also assists eligible applicants in applying for EPA Brownfields Program assistance and grants. The Program
provides technical assistance, performs site assessments, conducts limited cleanups, helps maintain a publicly accessible contaminated sites
database, and tracks site progress toward successful reuse. DEC's R&R Program also has an outreach and education component, with an
emphasis on supporting the 23 Alaska Tribal Response Programs in implementing and enhancing their programs. The R&R Program's objectives
are to assist with economic redevelopment of properties that are underutilized or abandoned as a result of real or perceived environmental
conditions, while ensuring adequate oversight and protection to human health and the environment. 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.
• Funding Source for the Program: Federal funding (Section 128(a)).
• Cost to Enter Program or Fees for Service: There are no fees or cost recovery associated with R&R Program assistance on eligible
projects, which can include both assessment and cleanup services; however, DEC's Contaminated Sites Program, where the R&R Program
is housed, is required by statute to recover costs from responsible parties for its oversight and any associated contracting services should the
state be required to take a state-lead response action. Services provided directly by R&R Program funding and staff for qualifying projects are
not part of the cost recovery requirements because the sites involved are only eligible for assistance if no viable responsible party has been
identified or the services are not attributed directly to any one responsible party.
• Sites Enrolled in DEC's Contaminated Sites Program: As of June 2014, 2,306 "Open" sites were listed on DEC's Contaminated Sites
Database. An additional 57 sites were listed as having "Informational" status; these are sites with environmental concerns, but for which no
data have been collected to document confirmed contamination.
• Sites Completed: As of June 2014, 3,784 listed sites are identified as having a status of "Cleanup Complete," and 1,139 sites are listed with
a status of "Cleanup Complete with Institutional Controls." http://dec.alaska.gov/spar/csp/db search.htm.
FINANCIAL ELEMENTS
Assessment and Limited Cleanup Services
The R&R Program provides limited assessment or cleanup services to eligible applicants through its DEC Brownfields Assessment and
Cleanup (DBAC) program, which targets conditionally eligible brownfield sites that may be in public or private ownership. The R&R Program
also oversees assessment and cleanup projects at state-owned sites using state funding where activities will result in a public benefit and
reduce the state's liability associated with the site.
http://dec.alaska.gov/spar/csp/brownfields.htmttassess
http://dec.alaska.aov/spar/csp/bfproiects.htm
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Liability Relief Provisions
The principal tool for providing liability relief is the Prospective Purchaser Agreement (PPA). PPAs have been negotiated for specific sites
that meet appropriate criteria, and where the existing site conditions have been investigated and established to an acceptable extent. A PPA
is a legal instrument, which must be negotiated through the Alaska attorney general's office, designed to clarify the potential environmental
liability a purchaser assumes when buying a property with pre-existing environmental conditions.
PROGRAM ELEMENTS
Methods/Standards/Controls
Responsible parties working under DEC's Contaminated Site Cleanup Rules, found under Title 18 of the Alaska Administrative Code,
Chapter 75 (18 AAC 75) are required to conduct appropriate site characterization and cleanup activities under the oversight of a DEC
project manager. The responsible party may propose alternative cleanup levels based on site-specific conditions for approval by the site
project manager. Cleanup may be approved in some cases as being complete without achieving regulatory cleanup levels if institutional
controls (ICs) are placed on the site that provide adequate protection for current and future users. These controls may be administrative or
engineering controls, http://dec.alaska.gov/spar/csp/reg rev.htm
Contaminants Covered
DEC has statutory authority over all releases to the land and waters of the state; however, DEC does not maintain a RCRA program and
coordinates the management of hazardous waste with EPA oversight. Further, while the R&R Program addresses asbestos and lead paint as
part of its brownfield assessments, the Contaminated Sites Program does not regulate asbestos-containing materials or lead-based paint in
buildings.
Institutional Controls (1C)
DEC will, after consultation with each landowner of a site, determine whether the use of an 1C is necessary as part of the cleanup process.
ICs may be used on a site-specific basis, if DEC determines that controls are required to ensure compliance with an applicable cleanup level,
protection of human health, safety or welfare, or the environment, or to maintain the integrity of site cleanup activities or improvements.
The Contaminated Sites Program uses an 1C tracker database module to manage the long-term oversight for contamination that poses
limited risk to human health and the environment. Currently, DEC monitors ICs on 1,300 sites, of which approximately 216 are active sites
where the controls have been established to protect human health and the environment during ongoing cleanup actions.
PROGRAM HIGHLIGHTS
DEC's R&R Program works extensively with Alaska's federally recognized tribes, most specifically the recipients of EPA's Section 128(a) Tribal
Response Program (TRP) funding. Beginning in December 2008, the Program has held an annual Alaska State & Tribal Response Program
Brownfield Workshop, either in Fairbanks or Anchorage, attended by representatives from virtually all of the active Alaska TRPs and their
EPA project officers. In preparation for the first workshop, Program staff developed the Alaska State & Tribal Response Program - Brownfield
Handbook, which is now available online at: http://dec.alaska.gov/spar/csp/brownfields.htmtthandbook. The handbook is updated before each
annual workshop, and as new TRP programs are established. Another cornerstone of outreach efforts is a quarterly newsletter, available on DEC
website (http://www.state.ak.us/dec/spar/csp/brownfields.htm). which is distributed through the brownfields announcements listserv.
Outreach efforts have been recognized by EPA at both the regional and national levels, and resulted in the Program's being honored with the
receipt of a National Notable Achievement Award for Brownfield Teamwork in 2010.
In 2013, the R&R Program focused on multiple assessments in rural and urban Alaska. One project concluded that an historic church in
Kwigillingok was safe for reuse through a modified Phase I and hazardous building materials survey, leading to plans for renovation of building for
use by the tribe. Another project was designed to assist the Organized Village of Kake in seeking funding to save a National Historic Landmark
that is one of the only surviving canneries from the 19th century. Another project teamed with workers from the City of Tanana to excavate,
remove, and landfarm more than 2,500 cubic yards of petroleum contaminated soil, enabling the reuse of limited available property in the
community for new construction of a multiplex office complex and senior residential housing.
OTHER LAND PROGRAMS
Leaking Underground Storage Tanks (LUST) Program
http://dec.alaska.gov/spar/csp/leaking.htm
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IDAHO
Brownfields Revitalization and Environmental Site
Response Program/
Voluntary Cleanup Program (VCP)
Department of Environmental Quality (DEQ)
Waste Management and Remediation Division
1410 N.Hilton
Boise, ID 83706
http://www.deq.idaho.gov/waste-mqmt-remediation.aspx
Contact(s): EricTraynor
Brownfields Response Program Manager
Eric.traynor@deq.idaho.gov
208-373-0565
Bruce Wicherski
VCP Program Manager
bruce.wicherski@deq.idaho.gov
208-373-0426
Program Overview
Brownfields Program
Cost to Enter the Program: $250
Application Fee and $2,500 Oversight
Fee - these fees only apply to VCP, not
brownfields
Liability Relief Provisions
Tax Incentives
PROGRAM
Idaho's Land Remediation Act, or Voluntary Cleanup Program (VCP), is found in Idaho Code 39-7201 et seq., and Department of Environmental
Quality's (DEQ) rules implementing the Act are located at IDAPA 58.01.18. 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 Certificate of Completion (COC), DEQ and
the participant negotiate a Covenant Not to Sue (CNTS), lender liability protections are provided, and the site owner is afforded a property
tax reduction for up to seven years 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 brownfields and works to develop Web tools,
authorities and guidance aimed at improving the efficiency of all DEQ remediation programs.
http://www.deq.idaho.gov/waste-mgmt-remediation/brownfields.aspx
• Funding Source(s) for the Program: Federal grants.
• Cost to enter program or fees for service: Participants must pay to DEQ two fees under the VCP: 1) a $250 application fee; and 2) an initial
$2,500 fee for DEQ oversight costs related to review of the remediation work plan and site activities conducted thereunder. There is no cost to
participate in the brownfields site assessment program.
• Sites Enrolled in VCP: As of June 2014, 9 sites were participating in the VCP.
• Sites Completed under VCP: As of June 2014, 20 sites were completed under the VCP.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
• The Community Reinvestment Pilot Initiative - DEQ reimburses a private party 70% of its '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).
Incentives
Voluntary Cleanup Program Tax Incentives—Sites are eligible for a property tax reduction (not to exceed seven years) that is applied to 50%
of the difference in value between the property's pre-remediation and post-remediation land valuation. The exemption may be granted only
if the CNTS 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.
Liability Relief Provisions
COC and CNTS are available under Idaho's VCP. After receiving a COC, 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 thereof who did not cause, aggravate or contribute to the release or threatened release.
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Environmental Insurance
Idaho's Petroleum Storage Tank Fund provides underground storage tank (LIST) site owners with environmental insurance of $1,000,000 per
tank for $100 per year, with a $10,000 deductible. This program is provided by the Petroleum Storage Tank Fund which is under the Idaho
Department of Insurance.
PROGRAM ELEMENTS
Methods/Standards/Controls
Participants in DEQ remediation programs, including theVCP, choose between cleaning to established state standards such as the
residential use screening levels for petroleum release sites specified in the Standards and Procedures for Application of Risk Based
Corrective Action at Petroleum Release Sites (IDAPA 58.01.24) which can be found at http://adminrules.idaho.gov/rules/2012/58/0124.pdf
or cleaning to site-specific standards developed using DEQ's Risk Evaluation Manual and Software, Risk Evaluation Manual for Petroleum
Releases, or another DEQ-approved risk evaluation methodology.
Contaminants Covered
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. Evaluation and cleanup of petroleum release sites is specifically addressed using the
Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites (IDAPA 58.01.24) which can be found
at http://adm.idaho.gov/adminrules/rules/idapa58/0124.pdf.
Institutional Controls (1C)
Both the VCP and the Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites (IDAPA
58.01.24) authorize the use of activity and use limitations, implemented through the use of environmental covenants, when conducting site
cleanups under DEQ oversight. The Idaho Legislature enacted the Uniform Environmental Covenants Act in 2006 to facilitate this process.
DEQ developed a model environmental covenant for use at sites which are cleaned up under the oversight of DEQ.
• 1C Tracking: Idaho tracks ICs and environmental covenants through internal processes that are part of the agency's document
management system and posts a copy of the recorded covenant on the Terradex Facility Mapper that is available here:
http://wastesites.deq.idaho.gov/.
• 1C Oversight and Monitoring: Oversight and Monitoring of ICs is accomplished through a combination of periodic audits of sites by
agency staff and self-reporting requirements contained in the environmental covenants applied to 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.deq.idaho.gov/waste-mgmt-remediation/brownfields.aspx
PROGRAM HIGHLIGHTS
In 2006, the Treasure Valley Institute for Children's Arts (TrICA) purchased a former Methodist church on the National Register of Historic
Places in the hopes of cleaning up this historic church within Boise's North End Historic District. TrICA, a 501 (c)3 nonprofit, contacted IDEQ's
Brownfields Response Program and requested a Phase I environmental site assessment to quantify the amount of asbestos-containing materials
and lead-based paint containing materials prior to cleaning up the property and remodeling. IDEQ used Section 128(a) Response Program
funding to conduct a Phase I that identified areas with lead paint concerns, confirmed the absence of asbestos-containing materials, and
discovered that an arrest occurred at the property, which was tied to methamphetamine consumption and manufacture. Additional assessment
confirmed the presence of methamphetamine contamination throughout the church, which had been subjected to various stages of subdivision
into residential apartments. TrICA entered into a voluntary remediation agreement with IDEQ's VCP to clean up methamphetamine and lead
contamination in the former church. TrICA also applied for and was accepted into one of the open Pilot slots and acquired a loan and sub-grant
from the Reuse Idaho Brownfield Coalition's Revolving Loan Fund (RLF). Cleanup was certified in late 2011 and a Pilot rebate of $150,000 was
issued to TrICA in June 2012. TrICA will issue a lump sum payment to the RLF in the amount of the Pilot rebate and is currently fundraising to
complete their remodel. To date, remodeling activities include roof and wall stabilization, removal of all walls, floors, and framing not original to
the church, replacement of damaged windows, and replacement of the original roof. TrICA now occupies the space and offers arts instruction to
children in the Treasure Valley (Boise and surrounding communities).
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://www.deq.idaho.gov/waste-mqmt-remediation/storaqe-tanks/underqround-storaqe-tanks.aspx
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OREGON
Brownfields Program /Voluntary Cleanup Program (VCP)
Oregon Department of Environmental Quality (ODEQ)
811 SW 6th Avenue
Portland, OR 97204
http://www.oreqon.gov/DEQ/LQ/
Contact(s): Annette Dietz, Cleanup Program Coordinator
dietz.annette@deq.state.or.us
503-229-6258
Gil Wistar, Brownfields Coordinator
wistar.qil@deq.state.or.us
503-229-5512
Brownfields Financing Programs
Business Oregon
775 Summer St. NE, Suite 200
Salem, OR 97301
http://www.oreqon4biz.com/
Contact(s): Karen Homolac, Brownfields Program Specialist
karen.homolac@biz.state.or.us
503-986-0191
Program Overview
Brownfields Program
Cost to Enter VCP: $2,500, + oversight fees
if DEQ costs exceed $2,500
Liability Relief Provisions
Brownfields Redevelopment Authorities
PROGRAM
The Voluntary Cleanup Program (VCP) has two pathways: the Voluntary Cleanup Pathway and the Independent Cleanup Pathway (ICP). 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 ICP, 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.
http://www.deq.state.or.us/iq/cu/brownfields/index.htm and http://www.deq.state.or.us/lq/cu/voluntarycu.htm
• Funding Source(s) for the Program: Cost recovery from project participants and federal grants.
• Cost 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. ICP requires a $1,500
deposit. Once projects become active, ODEQ charges VCP and ICP participants on an hourly basis for project oversight.
• Sites Enrolled in VCP: As of June 2014, 1,542 sites have entered the VCP since its inception in 1991.
• Sites Completed under VCP: As of June 2014, 970 sites received NFA letters through the VCP.
• PPAs: From 1996 through June 2014, ODEQ issued 143 PPAs.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants and loans are available to assist with brownfields reuse projects.
• EPA has capitalized the Oregon Coalition Brownfields Cleanup Fund with over $3.5 million; the fund is primarily a low-interest loan
program available to eligible communities or private sector applicants for cleanup/non-time-critical removals. Limited grant assistance is
available to eligible communities or nonprofit entities following financial review. The Oregon Business Development Department (OBDD)
serves as lead agency and fund manager on behalf of a coalition of partners.
• The state-funded Brownfields Redevelopment Fund, managed by OBDD, provides a direct loan program to both public and private entities
seeking financial assistance for assessment through cleanup of brownfields. Limited technical assistance grants are available to public
entities to either complete Phase I or II environmental site assessments (ESA) on publicly-owned sites or that are undertaking integrated
planning activities involving brownfield properties.
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• The state-funded Special Public Works Fund, also managed by OBDD, provides technical assistance grants and loans to municipalities
for site assessments and cleanup on publicly-owned industrial brownfield properties seeking certification through the state's Industrial
Lands Certification Program.
• The Oregon Capital Access Program, managed through OBDD, offers loan portfolio insurance for environmental actions and brownfields
redevelopment projects.
• The Oregon Dry Cleaner Fund, administered by ODEQ, pays for assessment and cleanup at qualifying dry cleaner sites. To manage
limited funding, sites are prioritized based on human health and environmental threat.
Liability Relief Provisions
Oregon DEQ's VCP issues NFAs for sites demonstrated to present no unacceptable risk to human health or the environment. A PPA is
a legally binding agreement between ODEQ and a prospective purchaser (or lessee), 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. PPAs that
protect potential buyers/lessees from third party liability are also available from ODEQ. PPAs do not provide liability protection from the
federal government or from any activities that may cause new contamination after the property is purchased or leased.
PROGRAM 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
Petroleum products (including methane), hazardous waste, lead paint, polychlorinated biphenyls (PCBs), and Comprehensive Environmental
Response Compensation and Liability Act (CERCLA) contaminants can be addressed through the VCP.
Institutional Controls (1C)
In Oregon, institutional or engineering controls are used when risks of exposure to hazardous substances can be blocked effectively by
having legal or administrative measures in place. Typically, ICs will be an element in the Record of Decision, the Consent Order, or other
decision document, http://www.deq.state.or.us/lq/cu/controls.htm
• 1C Tracking: Properties with ICs 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.
• 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 1C (e.g., due diligence inquiries prior to property transfers), but periodic review by ODEQ should be a part of the 1C 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp?listtype=lis&listtitle=Environmental+Cleanup+Sitepercent20lnformation+Database
PROGRAM HIGHLIGHTS
Program improvements based on customer feedback surveys
ODEQ is addressing program improvements through internal review and revision of its guidelines and policies, conducting staff trainings, and
following up on responses to a 2012 program-evaluation survey and subsequent 2013 survey. ODEQ initiated annual surveys of Cleanup
Program participants and their representatives in Fall 2012. The survey goals are to assess participant satisfaction with ODEQ oversight of
cleanup work, including releases from petroleum-leaking underground storage tanks and past releases of hazardous substances. The survey
requests feedback on accessibility of information, communications, project planning and collaboration, decision-making, and costs. ODEQ sent
the 2013 survey to more than 600 individuals with active projects or projects that ended in the past year. Approximately 25% participated in
2013, about the same as the prior year. In general, survey responses in 2013 indicated a higher level of satisfaction with the cleanup program
over 2012 results. While improvements were observed, ODEQ project oversight costs and decision-making remain as key areas of focus in the
upcoming year.
Background levels of metals in soils for cleanups
To help improve assessment and eventual cleanup of metals-contaminated sites in Oregon, ODEQ's cleanup program issued a new fact sheet in
Spring 2013 titled Background Levels of Metals in Soils for Cleanups. The fact sheet contains a data table specifying regional default background
concentrations for 16 metals in Oregon soils, which replaced previous statewide background values.
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Contaminant delineation decision-making guidelines
ODEQ is working to improve consistency in decision-making by ODEQ cleanup project managers while allowing flexibility for site-specific
considerations. In early 2014, a team of cleanup staff issued guidelines and a decision matrix flowchart to help cleanup project managers
consider when to conduct additional sampling or modeling to define the extent of contamination.
Brownfield and prospective purchaser agreements
ODEQ is increasing its efforts to link site cleanups with community-enhancing property reuses throughout Oregon, often in partnership with other
state/local agencies. This work includes technical assistance to property owners and developers, limited financial assistance through grants,
community outreach, and prospective purchaser agreements to address liability concerns. For example, in 2013, ODEQ:
• Participated in Beaverton's Brownfields Redevelopment Roundtable with 100+ attendees, focused on renewing the city's Creekside District.
• Negotiated a prospective purchaser agreement with MC Chuckwagon LLC to facilitate conversion of a vacant gas station in downtown
Lakeview into an attractive tourist center featuring the actual chuckwagon from the old MC Ranch for educational and historical benefit.
• Completed a prospective purchaser agreement for the City of Salem to ensure its acquisition of 302 acres of former industrial land on Minto
Island for wildlife habitat restoration. The project includes plans for a pedestrian bridge from the existing Riverfront Park (also a brownfield
cleanup) to the island to allow easy public access to the park and wildlife viewing.
OTHER ODEQ LAND QUALITY PROGRAMS
Tanks Program
http://www.deq.state.or.us/lq/tanks/index.htm
Dry Cleaning Program
http://www.deq.state.or.us/lq/cu/drycleaner/index.htm
Orphan Sites Program
http://www.deq.state.or.us/lq/cu/orphans.htm
Prospective Purchaser Program
http://www.deq.state.or.us/lq/cu/ppa.htm
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WASHINGTON
Voluntary Cleanup Program (VCP)
Department of Ecology (Ecology)
P.O. Box 47600
Olympia, WA 98504-7600
http://www.ecy.wa.gov/programs/tcp/cleanup.html
Contact(s): Nnamdi Madakor P.G., P.HG.
VCP Statewide Coordinator
360-407-7244
Ecology Brownfield Program
Department of Ecology (Ecology)
P.O. Box 47600
Olympia, WA 98504-7600
http://www.ecy.wa.gov/programs/tcp/brownfields/brownfields hp.html
Contact(s): Jodi Gearon
Acting Brownfields Program Manager
360-407-7188
Brownfields Redevelopment Loan Fund
Department of Commerce
P.O. Box 42525
Olympia, WA 98504
http://www.commerce.wa.gov/Programs/lnfrastructure/Brownfields-Revolving-Loan-Fund
Contact(s): Bill Mandeville
Brownfields Coordinator
360-725-3051
Program Overview
Brownfields Program
Cost to Enter the Program: Oversight fees
Liability Relief Provisions
State Remedial Action Grants
Integrated Planning Grants
PROGRAM
The development of Washington's brownfields program began with the adoption of the Model Toxics Control Act (MTCA), a citizen-mandated
law that governs cleanup of hazardous waste sites in Washington, originally enacted through a voter's initiative. Cleanup standards under
MTCA include appropriate cleanup levels for industrial sites. In 2013, a legislative update to MTCA statutorily defined the term "brownfield" in
Washington and further defined and expanded components of the existing brownfields program, making new tools available for brownfields
cleanup and reuse. Washington State has a cooperative approach to brownfields cleanup and redevelopment, and the state provides technical
assistance, grants, and a revolving loan program. Parties conducting cleanups using those resources can also seek private consultants.
http://www.ecy.wa.gov/programs/tcp/cleanup.html and http://www.ecy.wa.gov/programs/tcp/brownfields/brownfields hp.html
• Funding Source(s) for the Program: Federal grants and state grants.
• Cost to enter program or fees for service: For the Voluntary Cleanup Program (VCP), monthly billing of charges incurred by Ecology during
the previous month based on hourly rates of staff used to provide services.
• Sites Enrolled in VCP: As of June 2014, 4,637 total VCP sites.
• Sites Completed under VCP: As of June 2014, 2,536 No Further Action (NFA) determinations have been issued.
FINANCIAL ELEMENTS
Assessment and Cleanup Funding
A variety of grants, loans and technical assistance are available to assist with brownfields reuse projects.
http://www.ecv.wa.qov/proqrams/tcp/pavinq4cu/pavinq4cu.html
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Incentives
• 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)
Liability Relief Provisions
• 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.
PROGRAM 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.
http://www.ecy.wa.gov/programs/tcp/policies/pol main.html
Contaminants Covered
The program does not restrict on basis of contaminants.
Institutional Controls (1C)
ICs 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 such as urban growth boundaries.
• 1C Tracking: ICs are tracked in the Integrated Site Information System Web reporting database.
• 1C Oversight: When ICs 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 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 ICs.
This link also provides additional information regarding contaminated sites in the state.
https://fortress.wa.gov/ecy/gsp/and http://www.ecy.wa.gov/programs/tcp/sites brochure/SiteLists.htm
PROGRAM HIGHLIGHTS
Washington State Department of Ecology's Integrated Planning Grants provide up to $200,000 to local governments without requiring local
matching funds. These grants allow local governments to conduct due diligence on a brownfield site and create a well-developed strategy
for cleanup and redevelopment before investing local funds. Integrated plans establish a vision for a contaminated property's future use that
energizes the redevelopment effort and drives the cleanup process. Integrated plans outline a strategy to solve multiple problems that stem
from contamination. The plan may address habitat restoration, recreational opportunities, and infrastructure development as part of the overall
cleanup process. The plan would also include funding strategies that leverage multiple grant and loan opportunities to carry a project through to
completion.
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Sample Integrated Planning Grant Activities
• Redevelopment planning
• Environmental site characterization
• Land use and regulatory analysis
• Economic and fiscal analysis
• Administrative costs
Who is Eligible? The grant applicant must be a local government. Integrated Planning Grant awards follow prioritization and eligibility criteria
outlined in the "Remedial Action Grants and Loans Guidelines." http://www.ecy.wa.gov/programs/tcp/grants/explore-tcp.htmlttApp Info
To complement the Integrated Planning Grants, Ecology's "Guide to Leveraging Brownfield Redevelopment for Community Revitalization" and
brownfield workshops provide an opportunity for training and leadership on cleanup and redevelopment of brownfields. Often these properties
are former gas stations, industrial properties, or similar sites where past use of chemicals has created a concern about environmental liability.
The cleanup and redevelopment of these properties is an important strategy for revitalizing our communities, creating jobs, and protecting the
environment. In a typical workshop, attendees hear about how other communities have succeeded or struggled with economic revitalization
related to brownfield sites.
OTHER LAND PROGRAMS
Underground Storage Tanks (UST) Program
http://www.ecv.wa.gov/proqrams/tcp/ust-lust/tanks.html
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Connecticut
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New Mexico
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m
te
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Islands
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Washington
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United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
EPA-42-F-14-215
December 2014
www.epa.gov/brownfields
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