Revitalizing Southeastern Communities
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Alabama
The Alabama Department of Environmental Management (ADEM) administers the Brownfield
Redevelopment and Voluntary Cleanup Program. Assessment opportunities, voluntary clean-up
mechanisms, and loan programs are all available to facilitate the redevelopment of blighted properties
by communities and private landowners.
ADEM is using the resources made available from the federal Brownfields Law to enhance the State
program to develop a brownfields inventory, establish a public record, and perform assessment
activities. ADEM also maintains a "Brownfields 128(a) Public Record" site, which lists the agency's
brownfields activities. ADEM's Permit Coordination and Development Center coordinates
administrative functions related to brownfield redevelopment projects.
Website:
www.adem.state.al.us/LandDivision/Brownfield/HWBrownfield.htm
Contact:
Edwin Johnston
Brownfields Coordinator
Alabama Dept. of Environmental Management
P.O. Box 301463
Montgomery, AL 36130
334-271-7729
Cej@adem.state.al.us

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Alabama
G/emralOnformaSon
Contact: G. Dave Davis
Federal and State Superfund
Programs for Alabama
Larry Norris
Brownfields Redevelopment and
Voluntary Cleanup Program (VCP)
Drycleaner Environmental Response
Trust Fund Program
Address: Alabama Department of
Environmental Protection (ADEM)
P O. Box 301463
Montgomery, AL 36130-1463
Phone: 334 271 7968
Fax: 334 279 3050
Email: gdd@adem.state.al.us
Ian @adem. state, al. us
Web site: http://216.226.179.150/landdivision/
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Program Description
(VCP, brownfields, or related)
Brownfields definition: Abandoned, idled, or underused
industrial and commercial properties where expansion or
redevelopment is complicated by real or perceived
contamination.
Program titles: Brownfields Redevelopment and Voluntary
Cleanup Program (VCP)
Liability relief provisions: Program incentives include
letters of concurrence providing limited liability protection
for owners and operators and broad liability protection for
prospective purchasers, lenders, and clean-hands parties
after the receipt and review of a compliance certification.
Financial incentives (grants, loans, tax provisions, etc.):
Industrial grants of up to $375,000 can be adapted for
brownfields purposes; EPA-capitalized Brownfields
Revolving Loan Fund (RLF) targeted to counties and
municipalities; Alabama Drycleaning Environmental
Response Trust Fund Act (ADERTFA) acts as a voluntary
"insurance policy" for drycleaning operations and
wholesale distributors that opt for coverage.
Legislative or program site eligibility requirements:
Sites eligible for voluntary cleanup are also eligible for the
brownfields program.
•	The property must not be listed on the federal National
Priorities List (NPL) pursuant to the Comprehensive
Environmental Response, Compensation, and Liability
Act (CERCLA).
•	The property must not be currently undergoing response
activities required by an order of ADEM.
•	The property must not be currently undergoing response
activities required by an order of EPA issued pursuant to
the provisions of CERCLA.
•	The property must not be a Resource Conservation and
Recovery Act (RCRA) hazardous waste treatment,
storage, or disposal facility subject to the permitting
requirements of Alabama Administrative Code R. 335-
14-8-.01 through 335-14-8-.08.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship to VCP/brownfields programs, application
process, eligibility requirements, dedication to special
types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):
•	Industrial grants up to $375,000 can be adapted for
brownfields purposes.
•	ADERTFA acts as a voluntary "insurance policy" for
those dry cleaning operations and wholesale distributors
that opt for coverage. Covered sites will conduct initial
investigations and, based on those investigations, will
be given ADEM priority for further assessment and
possible remediation. Its source of funding is user fees.
Authorized uses of the fund include site investigation,
CERCLA match, studies and design, operation and
maintenance, removals, emergency response, remedial
actions, long-term stewardship, and program
administration.
•	EPA-capitalized Brownfields Cleanup RLF targeted to
counties and municipalities became effective in
November 2004.
Tax incentives (abatements, credits, etc.): Tax credits
and incentives are available, including the environmental
cleanup deduction which allows businesses to deduct the
qualified cleanup cost of hazardous substances in certain
areas (brownfields) in the tax year the business pays or
insures the cost.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): The
Alabama Land Recycling and Economic Development Act,
§22-30E-l et seq., passed in 2001, authorized long-term
stewardship, voluntary cleanups, and brownfields.
Program Elements
Technical Elements
Methods/standards/controls: No formal Risk-Based
Corrective Action (RBCA) or comparable/informal process
in place; state uses EPA's Soil Screening Levels using
Dilution Attenuation Factor (DAF) of 1, background, or
EPA's Risk-Based Concentrations table, using the
residential numbers for soil and below Maximum
Contaminant Levels (MCLs) for ground water, at sites not
using institutional controls.
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State Brownfields and Voluntary Response Progams:

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Contaminants covered/excluded: Petroleum, asbestos,
lead paint, polychlorinated biphenyls (PCBs) are covered.
Use of long-term stewardship and institutional controls
(tracking, oversight, monitoring, reopeners): Alabama
has a long-term stewardship program for its state voluntary,
brownfields, and RCRA sites. Sites using institutional
controls are addressed through a site-specific risk
assessment and must have a longer term enabling
mechanism (such as a permit or order) defined in the
settlement agreement to ensure that institutional controls
are maintained. A database that will track institutional
controls at cleanup sites is under development as part of
the voluntary and brownfields programs and will be
adapted to other programs.
Management & Implementation Elements
Voluntary Clean up Program MOA with EPA: No
Costs to enter program or fees for service: The state's
participation is funded through fees and reimbursement of
oversight costs.
Funding source for administrative costs and
staff: Funding for staff and administrative costs for the
voluntary cleanup program comes from federal cooperative
agreements (95%), and the ADERTFA and the Alabama
Land Recycling and Economic Redevelopment Act
(ALRERA) fees. Funding for long term stewardship
programs is not tracked separately from other cleanup
funding. Approximately 20 employees have long-term
stewardship work as part of their designated duties.
Cleanup Activities
Sites currently inVCP: Currently, 47 companies are
responsible for the assessment and possible remediation of
198 sites under the voluntary cleanup program.
Sites completed under VCP: No information available
Benefits (incentives to participate in the VCP, covenants
not to sue, etc.): Three sites are projected to be used for
public activities in post-cleanup scenarios.
Public Participation
Public participation requirements (notice, comment
periods, etc.): The state is required to provide public
notice and to receive public comment for voluntary and
brownfields sites. Once a voluntary cleanup plan is
complete, the state must notify the public through the
newspaper and mailings.
Public participation activities (hearing, meetings, etc.):
The state may hold hearings in response to legitimate
requests or at the discretion of ADEM whenever such a
hearing may clarify one or more issues concerning a
voluntary cleanup plan. ADEM is required to provide public
notice of hearings at least 30 days before they occur.
Statutory Authorities
The Code of Alabama §22-30A-1 et seq., (1988)
provides general authority for voluntary cleanups.
•	The Alabama Land Recycling and Economic
Redevelopment Act, §22-30E-1 et seq., passed in
2001, authorizes long-term stewardship, voluntary
cleanups, and brownfields.
•	The Dry Cleaners Environmental Response Trust Fund
Act (Alabama Administrative Code: 335-16), §22-
30D-1 et seq., passed in 2000, authorizes a cleanup
fund and a priority list.
An Update from the States
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