United States
Environmental Protection
Agency
November 2017
EPA F-560-17-212
www.epa.gov/brownfields
STATE BROWNFIELDS AND
VOLUNTARY RESPONSE PROGRAMS
2017
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INTRODUCTION
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 yearsin times of heightened
budgetary concernsstate 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.
More information on Cleaning Up Brownfields under State Response Programs - Getting to'No Further
Action'can be found at: https://www.epa.gov/brownfields/cleaning-brownfields-under-state-response-
proarams-aettina-no-further-action.
ELEMENTS IN THE PROGRAM SUMMARIES
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 under state 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 under state
programs, requirements governing institutional controls, and state approaches to long-term stewardship.
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TABLE OF CONTENTS
EPA REGION 1 4
Connecticut 5
Maine 6
Massachusetts 7
New Elampshire 8
Rhode Island 9
Vermont 10
EPA REGION 2 11
New Jersey 12
New York 13
Puerto Rico 14
Virgin Islands 14
EPA REGION 3 15
Delaware 16
District of Columbia 17
Maryland 18
Pennsylvania 19
Virginia 20
West Virginia 21
EPA REGION 4 22
Alabama 23
Florida 24
Georgia 25
Kentucky 26
Mississippi 27
North Carolina 28
South Carolina 29
Tennessee 30
EPA REGION 5 31
Illinois 32
Indiana 33
Michigan 34
Minnesota 35
Ohio 36
Wisconsin 37
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EPA REGION 6 38
Arkansas 39
Louisiana 40
New Mexico 41
Oklahoma 42
Texas 44
EPA REGION 7 45
Iowa 46
Kansas 47
Missouri 48
Nebraska 49
EPA REGION 8 50
Colorado 51
Montana 52
North Dakota 53
South Dakota 54
Utah 55
Wyoming 56
EPA REGION 9 57
Arizona 58
California 59
Hawaii 60
Nevada 61
American Samoa 62
Guam 62
Northern Mariana Islands 63
EPA REGION 10 64
Alaska 65
Idaho 66
Oregon 67
Washington 68
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EPA REGION 1
CONNECTICUT MAINE MASSACHUSETTS
NEW HAMPSHIRE - RHODE ISLAND - VERMONT
EPA Region 1 states have used Section 128(a)
Response Program funding to conduct
assessments on over 330 properties, clean
up 52 properties, create over 50 jobs, and
leverage nearly $25 million.
In 2017, communities across New England
will receive $8 million from EPA to help
revitalize former industrial and commercial
sites, transforming them from abandoned and
blighted properties into community assets.
Many New England urban communities
are now reclaiming their waterfronts and
creating vibrant residential and mixed-use
communities with waterfront access and
open space through rezoning.
REGION 1 PROGRAM HIGHLIGHTS
Autumn foliage,
Squantz Pond,
Connecticut
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CONNECTICUT
PROGRAM DETAILS
Brownfields and Voluntary Remediation Program
Connecticut Department of Energy and Environmental Protection (DEEP)
79 Elm Street
Hartford, CT 06106-5127
www.ct.gov/deep
Contacts:
Voluntary Remediation
Robert Bell
Assistant Director, Remediation Division
Robert.E.Bell@ct.aov
860-424-3873
Connecticut provides a variety of voluntary remediation and brownfields programs and
incentives to expedite the cleanup and reuse of contaminated properties.
Brownfields
Mark Lewis
Brownfields Coordinator
Mark.Lewis@ct.aov
860-424-3768
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) based on most recent
municipal grand list.
Sites Enrolled in VCP: As of January 2017, more
than 530 sites have enrolled in the Voluntary
Response Programs.
Sites Completed under VCP: As of January
2017, more than 68 sites were completed under
the Voluntary Response Programs.
Financial Elements
Assessment and Cleanup Funding
The Office of Brownfield Remediation and Development is the state's one
stop shop for financial assistance for Brownfields.
http://www.ctbrownfields.aov
Incentives
Urban and Industrial Sites 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 properties, www.cultureandtourism.org/cct/cwp/view.
asp?a=3933&g=430786
Historic Structures Rehabilitation Tax Credit Program - Provides a tax
credit for the conversion of historic properties to residential use.
www.cultureandtourism.org/cct/cwp/view.asp?a=3933&g=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. http://www.ct.gov/deep/
cwp/view.asp?a=2715&g=489000&deepNav GID=1626#CNTS
Brownfield Remediation and Revitalization Program - Provides
liability relief for certain innocent parties who acquire a brownfield
and clean up the property, http://www.ct.gov/deep/cwp/view.
asp?a=2715&g=489000&deepNav GID=1626#BRRP
Abandoned Brownfield Cleanup Program -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, http://www.ct.gov/
deep/cwp/view.asp?a=2715&g=489000&deepNav GID=1626#abc
Municipal Liability Relief Program - Provides relief from state and
third party liability for any pre-existing contamination, http://
www.ct.gov/deep/cwp/view.asp?a=2715&g=489000&deepNav
GID=1626#MunicipalBLR
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, http://www.ct.gov/
deep/cwp/view.asp?a=2715&g=324978&deepNav 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. http://www.ctQov/deep/cwp/view.
asp?a=2715&q=325012&deepNav 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 (IC)
ICTracking. 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 linkalso provides additional information regarding
contaminated sites in the state: http://www.ct.gov/deep/cwp/view.
asp?a=2715&g=325018&deepNav GID=1626
Other Land Programs
State Superfund Programs
http://www.ct.gov/deep/cwp/view.asp?a=2715&q=325022&deepNav
GID=1626
Significant Environmental Hazard Program
http://www.ct.gov/deep/cwp/view.asp?a=2715&g=324976&deepNav
GID=1626
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MAINE
Voluntary Response Action Program (VRAP)
Maine Department of Environmental Protection (DEP)
PI 7 State House Station
Augusta, ME 04333-0017
www.maine.gov/dep/rwm/
Contacts:
VRAP & Brownfields
Nick Hodgkins
nick.hodakins@maine.aov
207-592-0882
PROGRAM DETAILS
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 inVCP: As of June 2017,127 sites
were enrolled in the response programs.
Sites Completed under VCP: As of June 2017,
837 sites completed investigation and remedial
action in the response programs.
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 (MEDEP) 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
Financial Elements
Funding for the VRAP is provided through application fees. Applicants
conduct and submit investigation reports, remedial work plans and
remediation completion reports to the VRAP for review and approval.
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) after the contaminants
identified on the property have been cleaned up 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.
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 getting
a certificate from the state indicating that cleanup was completed to the
state's satisfaction.
Program Elements
Methods/Standards/Controls
New 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 (IC)
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).
IC Tracking: VRAP receives copies of the recorded UECAs.
IC Oversight: Maine has no official IC oversight.
IC 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
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.htm
Asbestos Disposal Sites
http://des.nh.gov/organization/divisions/waste/orcb/prs/adsp/index.htm
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MASSACHUSETTS
PROGRAM DETAILS
Brownfields Program
Massachusetts Department of Environmental Protection
(MassDEP)
One Winter Street, 2nd Floor
Boston, MA 02108
http://www.mass.gov/eea/aaencies/massdep/cleanup/
Contacts:
Brownfields Coordinator
Rodney Elliott
rodnev.elliott@state.ma.us
617-292-5523
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, http://www.mass.aov/eea/aaencies/massdep/cleanup/proarams/
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 has achieved a
permanent solution. In addition, permit fees apply to
some waste site cleanup submittals.
Sites Enrolled inVCP:As of January 2017, more
than 44,000 release notifications have been made to
MassDEP, with about 4,000 still active. Approximately
1,400 new releases enterthe program each year.
Sites Completed under VCP: As of January 2017,
40,000 releases have been closed out. Beginning in
2002, the number of cleanups peryear 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/financino/specialty-loan-proorams/brownfields-
redevelopment-fund/
Incentives
Brownfields Tax Credit Program
Municipal Tax Abatement Program
Economic Development Incentive Program (EDIP)
State HistoricTax Credit
http://www.massdevelopment.com/financina/specialtv-loan-proarams/
brownfields-redevelopment-fund/
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.oov/aoo/doino-business-in-
massachusetts/economic-development/brownfields-covenant-proaram/
Licensed Site Professionals
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
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.aov/eea/
aaencies/massdep/cleanup/reaulations/
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. http://www.mass.gov/dep/cleanup/laws/reaulati.htm
Institutional Controls (IC)
Activity and Use Limitations (AULs) and deed notices/restrictions are used
and filed at county land record offices (Registry of Deeds).
IC Tracking: AULs are tracked through publicly available databases, and
a geographic information systems (GIS) and KML/KMZ files.
IC Oversight: The state has a Long-Term Stewardship goal and conducts
periodic follow-up inspections.
IC 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
Other Land Programs
Hazardous Waste Management
http://www.mass.gov/eea/agencies/massdep/recycle/hazardous/
Underground Storage Tanks Program
http://www.mass.gov/eea/agencies/massdep/toxics/ust/
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NEW HAMPSHIRE
PROGRAM DETAILS
Brownfields Program
New Hampshire Department of Environmental Services
P.O. Box 95
Concord, NH 03302-0095
http://des.nh.gov/
Contacts:
Michael McCluskey
michael.mccluskev@des.nh.aov
603-271-2183
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 brownfield sites, http://des.nh.aov/oraanization/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:
Brownfields Covenant Program - $750 application
fee and $4,500 program participation fee
Sites Enrolled in VCP: As of January 2017,61
sites have enrolled in NH's Brownfields Covenant
Program. A total of 264 sites have benefitted from
some form of brownfields funding.
Sites Completed under VCP: As of January
2017,37 program participants have been issued
Covenants Not to Sue. Of the 264 sites that have
benefitted from brownfields funding, 90 have
been closed.
Financial Elements
Assessment and Cleanup Funding
A variety of grants and loans are available to assist with brownfields
assessment, cleanup planning and cleanup, http://des.nh.gov/
oraanization/divisions/waste/hwrb/sss/brownfields/index.htm
Incentives
Brownfield sites are exempt from state hazardous waste generator fees
(RSA 147-B:9).
Municipalities can abate property taxes at brownfield sites
(RSA 76:19-a).
Liability Relief Provisions
Program offers a No Further Action (NFA) letter when active remediation
measures are not required, a Certificate of Completion (COC) upon
completion of a remedial action with the exception of long-term
groundwater monitoring, a Certificate of No Further Action when all
environmental health standards have been met, and a Covenant Not to
Sue (CNTS) pursuant to the Brownfields Covenant Program.
"Qualifying holder" provisions of hazardous waste and petroleum statutes
provide protection to lenders and municipalities with a mortgage or
security interest in a property (e.g., mortgage or tax lien).
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, NHDES established
a policy of assigning a staff hydrogeologist or engineer to serve as a
brownfields grant liaison, http://des.nh.aov/oraanization/divisions/waste/
hwrb/sss/brownfields/arantee.htm
Program Elements
Methods/Standards/Controls
Applicable rules and regulatory authority that serve to guide
environmental site investigation and remediation are defined within the
New Hampshire Code of Administrative Rules Env-Or 600, Contaminated
Site Management and Env-Or 800, Brownfields Program under RSA 147-F.
http://des.nh.aov/oraanization/divisions/waste/hwrb/sss/brownfields/
index.htm
Additional Guidance Documents may be used for site-specific conditions.
http://des.nh.aov/oraanization/divisions/waste/hwrb/sss/hwrp/auidance
documents.htm
Contaminants Covered
Volatile organic compounds (VOCs), polycyclic aromatic hydrocarbons
(PAHs), metals, polychlorinated biphenyls (PCBs), petroleum products, and
asbestos (disposal sites) are all covered.
Institutional Controls (IC)
Activity and Use Restrictions (AURs) are controls on the use of a property
that are imposed to protect human health and the environment during
and after implementation of a remedial action plan. After completion
of active remedial measures, a groundwater management permit (an IC
itself) is typically issued to monitor groundwater quality until it meets
standards.
IC Tracking: Requires responsible parties (RPs) to submit draft Notices
of Activity and Use Restriction to NHDES. Groundwater use is addressed
under Groundwater Management Permits. A Notice of Groundwater
Management Permit is recorded in the chain of title for each property
located within the permit Groundwater Management Zone.
IC Oversight: NHDES reviews and approves all draft Notices of Activity
and Use Restrictions prior to recordation in the chain of title for a site.
IC Monitoring: NHDES does not currently have an inspection program
for monitoring compliance with Notices of AURs. However, RPs and
successor site owners are required to submit self-certification forms
to NHDES on a periodic basis to demonstrate continued compliance
and awareness of the Notice of AUR. http://des.nh.aov/oraanization/
divisions/waste/hwrb/sss/brownfields/controls.htm
The following Web address is a direct link to the state's public database
that contains fully searchable information based on site number, site
name, project type, address, municipality, owner, and other regulatory
fields, http://des.nh.gov/onestop/index.htm
Related Programs
Hazardous Waste Remediation - State 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 Disposal Sites
http://des.nh.gov/organization/divisions/waste/orcb/prs/adsp/index.htm
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RHODE ISLAND
PROGRAM DETAILS
State Site Remediation and Brownfields Program
Rhode Island Department of Environmental Managemen
235 Promenade Street
Providence, Rl 02908-5767
http://www.dem.ri.gov/
Contacts:
Kelly J. Owens
kellv.owens@dem.ri.aov
401-222-2797 Ext. 7108
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.aov/proarams/wastemanaaement/site-remediation/
Funding Source(s) for the Program:
Federal grants and General State Fund
Cost to enter program or fees for
service: The only fee isthe $1,000
Remedial Action Approval fee, which is
required of all projects that fall underthe
Remediation Regulations. The fee does not
support the program. It goes directly into
the States'General Fund.
Sites Enrolled in VCP: As of January 2017,
998 sites are enrolled in the enrolled VCP.
They are currently undergoing active
investigation, remediation, or monitoring.
Sites Completed under VCP: As of
January 2017,1383 sites enrolled in the
Voluntary Cleanup Program have been
completed.
Financial Elements
Assessment and Cleanup Funding
A variety of grants and loans are available to assist with brownfields reuse
projects, http://www.dem.ri.aov/pubs/reas/reas/waste/bbreg15.pdf
http://www.ricwfa.com/wp-content/uploads/2017/03/Policies-and-
Procedures-for-the-Brownfields-Revolvina-Loan-Fund.pdf
Incentives
Commerce Rl: Enterprise Zone Business Tax Credit
http://www.tax.ri.aov/reaulations/other/cr03-07.php
Rl General Law http://www.rilin.state.ri.us/Statutes/TITLE42/42-64.3/
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.preservation.ri.aov/credits/
commstate.php
Liability Relief Provisions
Under state law(§ 23-19.14-7 Exemptions to liability), all owners and operators
who managed hazardous substances at a site [responsible parties (RP)]
can be held to 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. http://webserver.rilin.state.ri.us/Statutes/
title23/23-19.14/23-19.14-7.HTM
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.
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 underthe jurisdiction ofthe Rl
Department of Health (RIDOH) if it falls underthe RIDOH definition of a
"Regulated Facility."
Institutional Controls (IC)
Rhode Island supports the use of ELURson properties when warranted. Annual
ELUR compliance self-monitoring is required. In addition, DEM's Office of Waste
Management has been auditing a percentage ofthe properties that have
ELURs since 2005. Benefits of institutional controls are that more sites are being
cleaned and reused. Community concerns are being addressed by mandatory
public notice requirements at various points during investigation and remedy
selection and there are additional Public Notice requirements on sites in
Environmental Justice areas.
IC Tracking: ELURs are recorded on the deeds ofthe 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.
IC Oversight: DEM provides oversight on all remediation projects, which
includes reviewing plans for engineered caps and ELURs.
IC Monitoring: DEM audits a percentage of all sites with ELURS every
year since 2005 and has required annual self-monitoring ofthe ELURs by
property owners since approximately 1999.
The following Web address is a direct linkto 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/sitelist17c.pdfand
http://www.dem.ri.gov/brownfields/documents/sitelist17p.pdf.The following
link is a geographic information system (GIS) that maps sites. http://ridemgis.
maps.arcgis.com/apps/we bappviewer/index.html?id=87e104c8adb449eb9f90
5e5f18020de5
Other Land Programs
Underground Storage Tank Management Program
http://www.dem.ri.gov/programs/wastemanagement/ust/
Waste Management Facilities Program
http://www.dem.ri.gov/programs/wastemanagement/facilities/
Superfund and Department of Defense Program
http://www.dem.ri.gov/programs/wastemanagement/superfund-dod.php
9
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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://dec.vermont.aov/waste-manaaement/contaminated-sites/brownfields/BRELLA
Contacts:
Chief
Patricia Coppolino
patricia.coppolino@vermont.aov
802-249-5822
PROGRAM DETAILS
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 VCP: As of January 2017, there
were 47 active projects enrolled in BRELLA.
Sites Completed under VCP: As of January
2017,18 projects had received Certificates of
Completion (COC) through BRELLA.
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, http://dec.vermont.aov/waste-manaaement/contaminated-sites/brownfields
Financial Elements
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to
assist with brownfields reuse projects, http://dec.vermont.gov/waste-
manaaement/contaminated-sites/brownfields/BRELLA/financial-
assistance
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,
that may be rescinded only in limited circumstances, such as fraud or
hazardous material releases that occur subsequent to the cleanup.
http://dec.vermont.aov/waste-manaaement/contaminated-sites/
brownfields/BRELLA/limited-liabilitv
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/
economic-development/fundina-incentives/brownfields-initiative
Program Elements
Methods/Sta nda rds/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://dec.vermont.aov/waste-manaaement/contaminated-sites/
brownfields/BRELLA/statutes
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 (IC)
ICTracking, Oversight, and Monitoring: Annual reporting/monitoring is
required for sites with an IC.
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 linkalso provides additional information regarding
contaminated sites in the state. http://anrmaps.vermont.gov/websites/anra5/
Other Land Programs
Hazardous Waste Management Program
http://dec.vermont.aov/waste-manaaement/hazardous
Storage Tanks Program
http://dec.vermont.gov/waste-manaaement/storaae-tanks
Solid Waste Management Program
http://dec.vermont.gov/waste-manaaement/solid
10
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EPA REGION 2
NEW JERSEY NEW YORK PUERTO RICO
THE U.S. VIRGIN ISLANDS
Sunset, Thousand
Islands, New York
EPA Region 2 states and territories have used
Section 128(a) Response Program funding to
conduct assessments on over 28 properties
and leverage over $575,000.
EPA Region 2 states are working on the
nexus of brownfield redevelopment on
combined sewer outfalls (CSOs) in urban
centers and managing storm water during
and after site development.
EPA Region 2 states and communities
continue to address the management of
fill, including the reuse of historic fill, on its
projects sites.
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NEW JERSEY
New Jersey Brownfield Program
New Jersey Department of Environmental Protection (NJDEP)
Office of Brownfield Reuse
601 East State Street, 5th Floor
P.O. Box 420, Mail Code 401-05K
Trenton, NJ 08625-0420
http://www.ni.aov/dep/srp/brownfields/
Contacts:
Chief
William Lindner
william.lindner@dep.state.ni.us
609-633-1223
Office of Brownfield Reuse (OBR) within NJDEP work in implementing NJ's Brownfield program, including:
managing Brownfield Development Area (BDA) program, Hazardous Discharge Site Remediation Fund (HDSRF)
financial assistance program, Landfill Redeployment program, and Community Collaborative Initiative and
Restoration Initiative to promote brownfield cleanup and reuse, http://www.ni.aov/dep/srp/brownfields/.
The Site Remediation Reform Act and the supporting Administrative Requirements addresses the remediation
of contaminated sites.These initiatives improve the quality/speed of remedial activities via a Licensed Site
Remediation Professional program, http://www.state.ni.us/dep/srp/
PROGRAM DETAILS
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 Program:
As of May 2017, there are 28 BDAs with
340 sites.
Sites Completed under Program:
Preliminary Assessment/Site
Investigation/Remedial Investigation = 10
Remedial Action =9
Remedial Action Outcome = 1
HDSRF Grant Application Review/
Approve =70, totaling $23.1 MM
HDSRF Grant Application Review/
Recommended for disbursement =
111, totaling $16.6 MM
Redevelopment Completed/
Under Construction = 10
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, http://www.ni.aov/dep/srp/finance/hdsrf/
Incentives
The Brownfield Reimbursement Program is administered by the NJ
Department ofTreasury and the NJ Economic Development Authority in
coordination with NJDEP/OBR reimburses up to 75% of eligible remediation
costs based on specific new taxes that are generated from a redevelopment
project, http://www.ni.aov/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.http ://www. nieda.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.ni.aov/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.
http://ni.aov/state/plannina/brtf.html
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).
http://www.ni.gov/dep/srp/reas/techrule/
Contaminants Covered
All hazardous substances on adopted list pursuant to Section 4 of P.L. 1983,
c. 315 (NJSA 34:5A-4), including petroleum.
Institutional Controls (IC)
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.
IC Tracking: NJDEP issues post-remediation Remedial Action permits to
trackthose cases that have used engineering and institutional controls.
These permits are monitored to ensure that inspection and reporting
obligations are met and the biennial certifications are submitted.
IC Oversight and Monitoring: NJDEP 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 linkto 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.ni.gov/dep/srp/kcsni. Institutional and engineering
controls are mapped on the NJDEP geographic information system, available
to the public at http://www.ni.gov/dep/gis/newmapping.htm. Areas of historic
fill are mapped on and made available at http://www.state.ni.us/dep/njgs/
geodata/dgs04-7.htm.
Other Land Programs
Underground Storage Tanks (USTs) Program
http://www.ni.gov/dep/srp/bust/
Unregulated Heating Oil Tank Program
http://www.ni.gov/dep/srp/
unregulatedtanks/
Industrial Site Recovery Act (ISRA)
http://www.ni.gov/dep/srp/isra/
Superfund Program
http://www.ni.gov/dep/srp/
superfund/
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NEW YORK
PROGRAM DETAILS
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.nv.gov/chemical/brownfields.html
http://www.dec.nv.gov/about/627.html
Contacts:
Laurie Rizzo
la u rie.rizzo@dec.nv.gov
518-402-9764
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.nv.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, a responsible party (Participant) is required
to reimburse the state for oversight costs which
may be negotiated to a flat fee. Oversight costs are
waived for an applicant (Volunteer) who is not liable
for of hazardous waste disposal or the discharge of
petroleum at the site. Responsible parties also pay
past state remedial costs.
Sites Enrolled in BCP: In 2016, DEC approved
51 applications for participation in the BCP. As
of January 2017, DEC has approved 713 BCP
applications since the program's inception.
Sites Completed under BCP: In 2016, DEC issued
58 Certificates of Completions (COCs) for the BCP. As
of January 2017, DEC has issued 301 COCs 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
DEC's main BCP webpaae: http://www.dec.nv.aov/chemical/8450.html
New York State Department ofTaxation and Finance's publication New
York State Tax Credits Available for Remediated Brownfields):
http://www.tax.nv.aov/pdf/publications/multi/pub300.pdf
Liability Relief Provisions
BCP COCs: https://data.nv.gov/Energy-Environment/Brownfield-Cleanup-
Proaram-Certificates-of-Complet/ir93-7azi
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).
https://data.nv.gov/Energy-Environment/Brownfield-Cleanup-Program-
Certificates-of-Complet/ir93-7azi
Contaminants Covered
Hazardous waste (including hazardous substances) and petroleum
contaminants are eligible under the BCP.
Institutional Controls (IC)
Institutional controls and/or engineering controls are utilized in the BCP.
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).
IC 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.
IC Oversight: DEC reviews and approves all aspects of the cleanup,
including institutional and engineering controls.
IC 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.aov/reaulations/2393.html
(Remediation Guidance and Policy Documents, including State Regulation)
http://www.dec.ny.aov/chemical/48236.html
(Finalizing Remedial Projects)
http://www.dec.ny.aov/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.nv.gov/
chemical/8437.html (DEC's Environmental Site Database Search)
Land Programs Administered by Other State Agencies
Brownfield Opportunity Areas (BOA) Program, administered by New York
State Department of State:
http://www.dos.ny.aov/opd/proarams/brownFieldOpp/index.html
Other Voluntary Response Programs
Environmental Restoration Program
http://www.dec.nv.gov/chemical/8444.html
Enforcement Programs
Spill Response Program: http://www.dec.nv.gov/chemical/8428.html
Superfund Program: http://www.dec.nv.gov/chemical/8439.html
Hazardous Waste Management Program:
http://www.dec.nv.gov/chemical/8486.html
13
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PUERTO RICO
VIRGIN ISLANDS
Puerto Rico Environmental Quality Board (PREQB)
Property Redevelopment and Voluntary Cleanup
Program (PRVCP)
P.O. Box 11488
San Juan, Puerto Rico 00910
httD://www.ica.aobierno.or
Contacts:
Augusto Marquez Ortiz, Manager
auaustomarquez@ica.pr.aov
787-767-8181 ext. 3234
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
httD://donr.vi.aov/
Contacts:
Dr. Clanicia Pelle
clanicia.pelle@dpnr.vi.aov
340-773-1082
PROGRAM DETAILS
PROGRAM DETAILS
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.
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.
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 brownfield sites 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.
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 brownfield sites within the Virgin Islands (VI). The VCP will be
designed to return brownfield sites to a useable condition. Cleanup
will be performed undera memorandum of agreement between
the Department of Planning and Natural Resources-Division of
Environmental Protection (DPNR-DEP) and the participant.
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 (IC)
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
Remediation levels shall be based upon a riskassessment of the site and
surrounding areas that may be impacted, reflecting the current and future
use scenarios.
Contaminants Covered
All sites that meet the definition of a"brownfield"as defined in Section
553-1 (e) oftheVIVRP Rules and Regulations are eligible for participation in
the VIVRP.
Institutional Controls (IC)
Land use controls, including institutional controls, can be used in
conjunction with remediation in the VIVRP.
14
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REG ON 3 PROGRAM H GHL GHTS
EPA Region 3 entities are proactively
addressing their brownfield sites and turning
them into revitalized properties.The common
thread of each EPA Region 3 entity includes;
ensuring the maintenance of an brownfield
sites inventory, ability to oversee and enforce
environmental law, an inclusive process for
community involvement and implementing
procedures to verify the efficacy of a
brownfield cleanup.
EPA Region 3 entities offer liability relief
protection when following a strict process
for property purchase, assessment and
cleanup through an entity Voluntary
Cleanup Program. This necessary structure
provides the foundation to turn brownfield
sites into revitalized properties.
The implementation of Institutional Controls
allow for EPA Region 3 entities to conduct
targeted cleanups with a strong consideration
of cost control facilitating an effective and
timely cleanup at brownfield sites.
National Scenic
Trail, Potomac River,
Maryland
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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
New Castle, DE 19720-4801
http://www.dnrec.delaware.gov/dwhs/Paaes/default.aspx
Contacts:
James Poling
iames.polina@state.de.us
302-395-2600
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 underthe HSCA. They are the Voluntary
Cleanup Program (VCP), the Brownfields Development Program (BDP), and the HSCA Enforcement Program.
http://www.dnrec.delaware.aov/dwhs/SIRB/Paaes/Voluntary Cleanup Proa ram.aspx
http://www.dnrec.delaware.aov/dwhs/SIRB/Paaes/Brownfields.aspx
http://www.dnrec.delaware.aov/dwhs/SIRB/Paaes/SIRB HSCA proa ram.aspx
PROGRAM DETAILS
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 January
2017, there are over 200 sites in the
VCP and over 175 sites in the BDP.
Sites Completed under VCP: As of
January 2017, over 150 sites have been
completed under the VCP and the BDP.
Financial Elements
A variety of grants, loans and technical assistance are available to assist
with brownfields reuse projects, http://www.dnrec.delaware.aov/dwhs/
SIRB/Paaes/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 investmentand
number of new employees brought to the site. Grants of up to $25,000
are available for site investigation and cleanup. In addition, low interest
loans up to $250,000 are also available for brownfield sites. About 700
sites have been identified for inclusion in the program, with cleanup
underway at 96.
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.
Brownfields Redevelopment Authorities (or similar)
The Brownfields Advisory Committee (BAC) represents the public and
community interest in Delaware's Brownfield Program by providing advice
and assistance to DNREC's Division ofWaste and Hazardous Substances
(WHS). http://www.dnrec.delaware.aov/dwhs/BAC/Paaes/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 brownfield sites; asbestos and
lead paint contamination are covered if found in the soil and surveys for
each are allowable reimbursable costs.
Institutional Controls (IC)
Institutional controls/land-use controls are allowed, including Uniform
Environmental Covenants, operation and maintenance plans, and Ground
Water Management Zones (GMZ). GMZs prevent the use of ground water
and encourage development by allowing low levels of contamination to
remain in the ground water while preventing exposure.
IC Tracking: DNREC uses a database to track sites with ICs. This database is
in the process of being improved.
IC Oversight: DNREC performs inspections on a regular basis of the
sites that have O&M requirements.
IC Monitoring: DNREC reviews O&M reports for sites with O&M controls.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state. http://www.nav.dnrec.delaware.gov/DEN3/
Other Land Programs
Tanks Management Section
http://www.dnrec.delaware.aov/tanks/Paaes/default.aspx
16
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DISTRICT OF COLUMBIA
PROGRAM DETAILS
Voluntary Cleanup Program (VCP)
Department of Energy and Environment
1200 First St., NE, 5th Floor
Washington, DC 20002
http://www.ddoe.dc.gov/
Contacts:
James Sweeney
ia mes.sweenev@dc.aov
202-535-2289
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 prog rams. 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 notyet 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 has hired staff and is in the process of developing work plans with stakeholders for a Remedial
Investigation of the sediments in the Anacostia River. They have also begun the drafting of regulations to implement the program, http://www.doee.dc.gov.
Funding Source(s) for the Program: Appropriated
funds and federal grants.
Cost to enter prog ram or fees for service: The
application fee to enter the District's VCP is $10,000.
Sites Enrolled in VCP: As of January 2017,27 sites
are enrolled in the program.
Sites Completed under VCP: As of January 2017,
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 its Brownfield Revitalization Act.
Liability Relief Provisions
The District of Columbia's 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
Department of Energy and Environment (DOEE) 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 DOEE uses the District's Leaking
Underground Storage Tank (LUST) program standards.
Institutional Controls (IC)
The Brownfield Revitalization Amendment Act of 2000 authorizes DOEE
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 DOEE may include the following.
IC Tracking: The Brownfield Revitalization Amendment Act of 2000
authorizes DOEE to create an IC tracking process.
IC Oversight: The Brownfield Revitalization Amendment Act of 2000
authorizes DOEE to create an IC oversight process.
IC Monitoring:The Brownfield Revitalization Amendment Act of 2000
authorizes DOEE to create an IC monitoring process.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state, http://www.doee.dc.gov
Other Land Programs
Underground Storage Tanks (UST) and Leaking Underground Storage Tanks
(LUST) Program
http://www.doee.dc.gov
17
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MARYLAND
PROGRAM DETAILS
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.Marvland.aov/Paaes/Home.aspx
Contacts:
James Carroll
James.Carroll@marvland.aov
410-537-3459
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, http://mde.marvland.gov/
proarams/Land/MarvlandBrownfieldVCP/Paaes/proarams/landproarams/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.marvland.aov/proarams/Land/MarvlandBrownfieldVCP/MDVCPInformation/Paaes/proarams/
landproarams/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 February 2017,678 have been
accepted into the VCP.
Sites Completed under VCP: As of February 2017,537
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.marvland.qov/proarams/Land/
MarvlandBrownfieldVCP/Paaes/proarams/landproarams/errp brownfields/
bf info/bffunding.aspx
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.
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.marvland.aov/proarams/Land/
MarvlandBrownfieldVCP/Paaes/proarams/landproarams/errp brownfields/
forms/index.aspx
Contaminants Covered
Polychlorinated biphenyls (PCBs) and oil (as of October 1, 2004) are covered;
other contaminants accepted conditionallypetroleum (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 (IC)
Institutional controls are allowed and are included in the No Further
Requirements Determination (NFRD) or COC.The state notes that institutional
controls"probably have resulted in more cleanups and more properties reused"
and "also have probably lowered the cost of cleanups."
IC Tracking: Institutional Controls/Land Use Controls (IC/LUCs) are tracked
by the Maryland Department of the Environment's Land Restoration
Prog ram.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.
IC Oversight: When the VCP issues NFRDs or COCs with LUCs, the
enforcement of the IC/LUC falls to the VCP through follow-up inspections.
IC Monitoring: Other IC/LUCs associated with No Further Action (NFA) letters
issued by the Controlled Flazardous Substance Enforcement Division are
enforced by the Department and recorded with the land records.
The following Web address is a direct linkto 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.mde.marvland.qov/proarams/Land/
MarvlandBrownfieldVCP/mappina/Paaes/proarams/landproarams/errp
brownfields/mappinq/index.aspx
Other Land Programs
Oil Control Programs
http://www.mde.state.md.us/proqrams/Land/OilControl/OilControlProqram/
Paqes/Proqrams/LandProqrams/Oil Control/pollutionmanaqement/index.aspx
Hazardous Waste Program
http://www.mde.marvland.gov/proqrams/Land/FlazardousWaste/
FlazardousWasteFlome/Paqes/proqrams/landproqrams/hazardous waste/
home/index.aspx
18
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PENNSYLVANIA
PROGRAM DETAILS
Land Recycling and Cleanup Program
Pennsylvania Department of Environmental Protection
(DEP)
P.O. Box 8471
Harrisburg, PA 17105-8471
http://www.dep.pa.aov/
Contacts:
Troy Conrad
tconrad@pa.aov
717-783-1566
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 breakdown redevelopment obstacles: uniform cleanup standards; liability
relief; standardized reviews and time limits; and financial assistance. http://wwwdep.pa.aov/Business/Land/
LandRecvclina/Paaes/default.aspx
Funding Source(s) for the Program: The Hazardous Site Cleanup
Fund and the Industrial Land Recycling Fund provides primary
source of administrative costs and it is supplemented through
federal grant funding.
Cost to enter program or fees for service: There is no fee to
enter the program when a Notice of Intent (NIR) is submitted. A
person utilizing the background or State-wide health standards
for remediation shall pay a fee of $250 upon submission of the
report certifying compliance with the standards. A person utilizing
the site-specific standard shall pay a fee of $250 each upon the
submission of a remedial investigation, risk assessment and
cleanup plan and an additional $500 at the time of the submission
of the final report certifying compliance with the standard. The
fees are deposited into the Industrial Land Recycling Fund. There
is no fee for Special Industrial Areas (SIA) reports and also not
required for regulated tank cleanups. A nonrefundable fee of $500
is submitted with each environmental covenant when activity and
use limitations are placed on a property.
Sites Enrolled in VCP: As of January 2017,1,138 sites are currently
enrolled in the program.
Sites Completed under VCP: As of January 2017,4,956 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.qov/GrantsCenter/
DEP works in conjunction with the Department of Community and Economic
Development (DCED) http://www.newpa.com/program 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-applv-for-fundinq/
fundinq-and-proqram-finder/industrial-sites-reuse-proqram-isrp
~ Business in Our Sites http://www.newpa.com/find-and-applv-for-funding/funding-and-
proqram-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-applv-for-fundinq/fundinq-and-proqram-
fi nder/job-creation-tax-cred its-jctc
~ Brownfield Tax Incentive http://www.portal.state.pa.us/portal/server.pt/communitv/
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, http://www.newpa.com/find-and-applv-for-fundinq/fundinq-and-
proqram-finder/kevstone-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/community/funding programs/9322/non-point source
projects/541851
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 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.dep.pa.gov/
PublicParticipation/AdvisorvCommittees/Cleanup%20and%20Brownfields%20
Advisorv%20Committees/CSSABoard/Pages/default.aspx
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.
dep.pa.gov/Business/Land/LandRecvcling/Standards-Guidance-Procedures/Pages/
defaultaspx
Institutional Controls (IC)
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 institutional
control is used to demonstrate the attainment of an Act 2 remediation standard for any
cleanup conducted under an applicable Pennsylvania environmental law. http://www.
dep.pa.gov/Business/Land/LandRecvcling/Pages/Uniform-Environmental-Covenants.aspx
IC Tracking: Environmental covenants created under the law will be recorded in
county land records and in the PA AUL registry.
IC Oversight and Monitoring: The environmental covenants will be binding and
enforceable on successive owners over time.
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 PA AUL Registry provides direct links to AUL
documents associated with a particular property which can be found here:
http://www.depgis.state.pa.us/pa-aul/.
The following Web address is a direct link to the state's public database that maintains an
inventory of brownfield property. This online directory provides important information
on the size, location and availability of sites in every corner of the state.
http://www.pasitesearch.com
Other Remediation Programs
Storage Tank Cleanup Program
http://www.dep.pa.gov/Business/Land/SiteRemediation/Storage-Tank-Cleanup-Program/
Pages/defaultaspx
Hazardous Sites Cleanup Program
http://www.dep.pa.gov/business/land/siteremediation/hazardous-sites-cleanup-
proo ra m / pag es/defa u I tas px
RCRA Corrective Action Program
https://www.epa.gov/enforcement/rcra-corrective-action-cleanup-enforcement
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VIRGINIA
Virginia Department of Environmental Quality (DEQ)
Division of Land Protection and Revitalization
Brownfields and Land Renewal Program
Voluntary Remediation Program (VRP)
629 East Main Street,
P.O. Box 1105
Richmond, VA 23218
http://www.dea.virainia.aov/Proarams/LandProtectionRevitalization/
RemediationProaram.aspx
Contacts:
Brownfields and VRP Program Manager
J. Meade R. Anderson
i.meade.anderson@dea.virainia.gov
804-698-4179
Brownfield Coordinator
Vince Maiden, PG
vince.maiden@dea.virainia.gov
804-698-4064
PROGRAM DETAILS
Funding Source(s) for the Program:
Federal grants and registration fees.
Cost to enter program or fees
for service: RP 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 VCP: As of January
2017,475 sites have enrolled in the VRP.
Sites Completed under VCP: As of
January 2017,309 sites have received
No Further Action (NFA) Certificates.
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.virainia.aov/Proarams/LandProtectionRevitalization/
Remediation Prog ram/VoluntarvRemediationProaram.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.dea.virainia.aov/Proarams/LandProtectionRevitalization/RemediationProaram/Brownfields.aspx
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 (V WF RF). http://www.virainia resou rces.oro/
projectfinancinashtml
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 increases.
http://www.deq.virqinia.qov/Proqrams/LandProtectionRevitalization/
Rem ed iation Prog ram/Vol untarvRemediation Prog ram/Taxi ncentives.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.virginia.g0v/Portals/O/DEQ/Land/RemediationPrograms/Brownfields/
BROWNFIELDS MANUAL-BC-12-29-2009.pdf
Program Elements
Methods/Standards/Controls
The Program uses a Risk-Based Corrective Action process that utilizes institutional
controls 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 institutional
controls). Tier III may also include a site-specific risk assessment based on methodology
derived from the Risk Assessment Guidance for Superfund. In order to improve the
efficiency of information maintenance and transfer, DEQ has developed a Microsoft
Access based mathematical model for risk assessment called Virginia Unified Risk
Assessment Model (VURAM). This model is developed and maintained by DEQ, and is
the recommended tool for conducting a quantitative risk assessment at RCRA CA, RCRA
permitting, Solid Waste, VRP/Brownfield facilities.http://www.deq.virginia.gov/Programs/
La n d Protectio nRevita I ization/Remed iation Prog ram/Vol untarvRemediation Prog ram/
VRPRiskAssessmentGuidance.aspx
Contaminants Covered
Typical contaminants covered include volatile organic compounds (VOCs), semi-
volatile organic compounds (SVOCs), Metals, Pesticides and Flerbicides. Petroleum
and polychlorinated biphenyls (PCBs) can be addressed by VRP, if not regulated under
another proqram.http://www.deg. virginia.gov/Programs/LandProtectionRevitalization/
RemediationProgram/VoluntarvRemediationProgram/GuidanceandRegulations.aspx
Institutional Controls (IC)
Institutional controls are allowed; however, Virginia does not have a long-term
stewardship program for the VRP. 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 institutional controls. This link also provides
additional information regarding contaminated sites in the state.
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/
Rem ed iation Prog ram/Brownfi el ds/BrownfieldsforSale.aspx
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/
Rem ed i atio n Prog ra m/Vol u n ta rvRem ed iation Prog ram/Publiclnformation.as px
Virginia Brownfields Assistance Fund
The General Assembly allocated $2.25 million for Fiscal Year (FY) 17 to be used for the
purpose of promoting the restoration and redevelopment of brownfield sites 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 44 grants to local governments from
this funding to date.
Other Land Programs
VA DEQ Division of Land Protection & Revitalization
http://www.deg.virginia.gov/Programs/LandProtectionRevitalization.aspx
20
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WEST VIRGINIA
PROGRAM DETAILS
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.gov/dlr/Paaes/default.aspx
Contacts:
Erin Brittain
erin.r.brittain@wv.aov
304-368-2000 ext. 3728
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). http://www.dep.wv.aov/dlr/oer/voluntarymain/Paaes/default.aspx
Funding Source(s) for the Program: Federal
grants, application fees, and cost recovery for
project oversight.
Cost to enter program or fees for service:
Application fee is calculated based on the size
of property, years of operation, and NAICS code.
Applicants pay for WVDEP oversight and costs
associated with implementing the voluntary
remediation agreements. Cost recovery is 3.5
times the employee's hourly rate, plus any direct
costs (laboratory analysis for split samples, etc.).
Sites Enrolled in VCP: As of January 2017, 243
sites have entered the Voluntary Remediation
Program (VRP).
Sites Completed under VCP: As of January
2017,159 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.aov/dlr/oer/voluntarvmain/lrs/Paaes/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.
http://www.wvbrownfields.ora/
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, riskassessment helps determine how much cleanup
is needed. http://www.dep.wv.aov/dlr/oer/voluntarymain/Documents/
Risk%20Assessment%20Guide.pdf
Contaminants Covered
No exclusions.
Institutional Controls (IC)
DEP established by rule the criteria for deed recordation of land-use
covenants and contains all necessary deed restrictions.
IC 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.
IC Oversight: 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.
IC Monitoring: DEP is a member of the Miss Utility ofWest 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 Google 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.
The following Web page contains the link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls (see land use covenants on the Web page to download the
information).This linkalso provides additional information regarding
contaminated sites in the state, http://www.dep.wv.gov/dlr/oer/
voluntarvmain/Paaes/default.aspx
Other Land Programs
Leaking Tank Program
http://www.de p. wv.g o v/d I r/oe r/l u stma i n/Pa a es/d efa u I t.a s px
Superfund Program
http://www.de p. wv.g o v/d I r/oe r/s u pe rf u n d/Pa a es/d efa u I t.a s px
21
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ALABAMA FLORIDA GEORGIA KENTUCKY
MISSISSIPPI NORTH CAROLINA
SOUTH CAROLINA .TENNESSEE
River rapids,
Smoky Mountains,
Tennessee
EPA Region 4 states have used Section 128(a)
Response Program funding to conduct
assessments on over 220 properties, clean
up 18 properties, create over 360 jobs, and
leverage nearly $116 million.
As part of the EPA Administrator's priority
to cleanup communities, the EPA Region 4
Brownfields Program provides funds and
technical assistance to states, communities
and other public and nonprofit partners
to identify, assess, safely cleanup, and
plan for revitalization/reuse of Brownfields
properties in the Southeastern US.
-------
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/proarams/land/default.cnt
Contacts:
Sonja Favors
smb@adem.state.al.us
334-279-3067
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
PROGRAM DETAILS
Funding Source(s) for the Program:
Federal grants (66%) and Alabama Land
Recycling and Economic Redevelopment
Act (ALRERA) fees (33%).
Cost to enter program or 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: As of January 2017, over
100 sites are actively enrolled in the VCP.
Sites Completed: As of January
2017, over 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/proarams/land/
brownfieIds/bfred evelopment.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 institutional
controls.
Contaminants Covered
Program covers all types of contaminants and pollutants including,
petroleum, asbestos, lead paint, and polychlorinated biphenyls (PCBs).
Institutional Controls (IC)
Alabama has a long-term stewardship program for its state VCP,
brownfields, and Resource Conservation and Recovery Act (RCRA) sites.
IC 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.
IC Oversight and Monitoring: Sites using institutional controls are
addressed through a site-specific riskassessment and have a longer
term enabling mechanism (covenant) to ensure that institutional
controls 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://ais.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/proarams/
land/landforms/128Spreadsheet.htm
Other Land Programs
Underground Storage Tanks (UST) Program
http://adem.alabama.gov/proarams/water/aroundwater.cnt
Superfund Program
http://www.adem.state.al.us/programs/land/remediationCleanup.cnt
23
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FLORIDA
PROGRAM DETAILS
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.fl.us/waste/
Contacts:
Brownfields Program Manager
Carrie Kruchell
Carrie.L.Kruchell@dep.state.fl.us
850-245-8765
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.fl.us/waste/categories/brownfields/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. The application fee goes into the
State General Fund and does not specifically
support the Program.
Sites Enrolled: As of April 2017,295 sites
have voluntarily entered into brownfield site
rehabilitation agreements with the Department
of Environmental Protection (DEP).
Sites Completed: As of April 2017,94 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.fl.us/waste/cateaories/
brownfields/paaes/economic incentives.htm
Site-Specific Activities/Targeted Brownfield Assessment (TBA)
http://www.dep.state.fl.us/waste/cateaories/brownfields/default.htm
Voluntary CleanupTax Credit
http://www.dep.state.fl.us/waste/cateaories/vctc/default.htm
Clean Water State RevoIving Loan
http://www.dep.state.fl.us/water/wff/index.htm
Incentives
State sales tax credit on building materials (purchased on or after July 1,
2000) used forthe 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 forthe job bonus
refund ifthe 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.
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.fl.us/waste/categories/
brownfields/pages/economic incentives.htm
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. http://www.dep.state.
fl.us/waste/categories/brownfields/pages/economic incentives.htm
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 riskthrough use of
site-specific risk assessment and appropriate institutional and engineering
controls. Brownfields sites pursuing cleanup must adhere to the following
Florida Rules:
Contaminated Site Cleanup Criteria. Chapter 62-780. Florida Administrative
Code (F.A.C.)
Contaminant CleanupTarget Levels. Chapter 62-777. F.A.C.
Contaminants Covered
All contaminants are accepted including petroleum and polychlorinated
biphenyls (PCBs).
Institutional Controls (IC)
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 IC, such as a deed restriction
or restrictive covenant on the property if an engineering control is the
selected remedy.
IC Tracking: DEP maintains a tracking system that tracks the use of ICs at
sites. It is available online for public users.
IC Oversight and Monitoring: DEP audits ICs every five years.
The following Web address is a direct linkto 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.fl.us/waste/categories/brownfields/pages/ICR.htm
Other Land Programs
Petroleum Cleanup Program
http://www.dep.state.fl.us/waste/categories/pcp/default.htm
Dry cleaning Solvent Cleanup Program
http://www.dep.state.fl.us/waste/categories/drvcleaning/default.htm
Superfund Program
http://www.dep.state.fl.us/waste/categories/wc/pages/cleanup/pages/
nplsites.htm
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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.aeoraia.gov/land-protection-branch
Contacts:
Shannon Ridley
shannon.ridlev@dnr.aa.aovs
404-657-8616
Georgia's Brownfields 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 brownfield investigation and cleanup.
http://epd.aeoraia.aov/brownfield
PROGRAM DETAILS
Funding Source(s) for the Program:
Federal Brownfield Grant and Application
Review Fees
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 January 2017,782
properties had been enrolled in the
program; 42 of these properties were
subsequently withdrawn.
Sites Completed: As of January 2017,
430 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.
aeoraia.gov/sites/epd.aeoraia.gov/files/related files/site paae/BFTax.pdf
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, http://epd.georgia.gov/sites/epd.georgia.gov/files/related
files/site page/BFTax.pdf
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.
Contaminants Covered
Hazardous constituents and petroleum are covered.
Institutional Controls (IC)
Georgia has promulgated institutional controls provisions for brownfield
sites that are on the state Superfund list and that have not certified
compliance with a residential risk reduction standard for soil and ground
water. Georgia has enacted a Uniform Environmental Covenants Act
to establish an additional mechanism for creating and maintaining
engineering and institutional controls, http://epd.georgia.gov/sites/epd.
georgia.gov/files/related files/site page/BFInstCnt O.pdf
and http://epd.georgia.gov/sites/epd.georgia.gov/files/related files/
site page/UECA.pdf
IC Tracking: A database to capture all institutional controls has been
developed under the State Superfund and Brownfield Programs.
Georgia's Brownfield 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.
IC Oversight: Oversight and technical review is provided by
environmental engineers and geologists under both the State
Superfund and Brownfield Programs.
IC 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/institutional controls).
The following Web address is a direct link to the state's public Brownfields
database that maintains an inventory of Brownfields and/or tracks
institutional controls: http://epd.georgia.gov/sites/epd.georgia.gov/files/
related files/site page/Summarv%20Table.pdf
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 institutional controls: http://epd.georgia.gov/hazardous-site-
inventorv
Other Land Programs
Hazardous Site Cleanup
http://epd.georgia.gov/hazardous-site-response-act-guidance
http://epd.georgia.gov/voluntarv-remediation
Underground Storage Tanks Program
http://epd.georgia.gov/underground-storage-tank-technical-guidance
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KENTUCKY
PROGRAM DETAILS
Kentucky Brownfield Redevelopment Program
Kentucky Division of Compliance Assistance
300 Sower Blvd.
Frankfort, KY 40601
http://dep.kv.gov/Paaes/brownfields.aspx
Contacts:
Herb Petitjean
Herb.Petitiean@kv.aov
502-782-6432
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://dep.kv.qov/Paaes/brownfields.aspx
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 - $1,000 to $2,500 based on acreage plus
any oversight costs beyond that. Fees may be waived in certain
circumstances.
Kentucky Brownfield Redevelopment and Reuse Program (KRS 224.1-
415) provides a Notice of Eligibility/Notice of Concurrence - $2,500
Sites Enrolled in VCP:
Informal Program - 5,470 sites
VERP-3 sites
Kentucky Brownfield
Redevelopment and Reuse
Program (KRS 224.1 -415) -
152 sites
Sites Completed underVCP:
Informal program - 4,804 sites
VERP-0 sites
Kentucky Brownfield
Redevelopment and Reuse
Program (KRS 224.1-415)-
138 sites
Financial Elements
Assessment and Cleanup Funding
The Cleaner Commonwealth Fund provides cleanup grants and loans to local
governments, quasi-governmental entities, and non-profits. Kentucky does not
currently offer funding to private entities through this program, but may in the
future. Meanwhile, private entities may consider partnering with an eligible
entity. http://dca.kv.gov/brownfields/Paaes/Cleanercommonwealthfund.aspx
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.kv.gov/brownfields/Paaes/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 Covenant Not to Sue (CNTS) under VERP.
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/Paaes/Brownfields.aspx
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 certain portions of state cleanup program.
Brownfields Redevelopment Authorities (or similar)
The Kentucky Housing Corporation has established 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.
Duke Energy, Louisville Gas and Electric and Kentucky Utilities have
programs that offer reduced electrical rates for companies that redevelop on
qualified brownfields.
26
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)."
Contaminants Covered
Petroleum and polychlorinated biphenyls (PCBs) are covered, but petroleum
releases are not eligible for a Covenant Not to Sue if they fall under the
Underground StorageTank (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 (IC)
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.
IC Tracking. Oversiaht.and Monitorina:The party or applicant shall
conduct annual (or other approved frequency) inspections of the
engineering and institutional controls and shall make annual (or other
approved frequency) certification to the cabinet that the controls remain
protective of human health, safety and the environment. In accordance
with KRS 224.01-400 (17), a review of environmental conditions at sites that
have not been restored or remediated shall be conducted every five years to
determine if additional action is necessary to protect human health orthe
environment.
Other Land Programs
Underground Storage Tanks Branch
http://waste.kv.gov/UST/Pages/default.aspx
Methamphetamine Lab Cleanup
http://waste.kv.gov/SFB/MethLabCleanup/Pages/default.aspx
Superfund Branch
http://waste.kv.gov/SFB/Pages/default.aspx
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MISSISSIPPI
PROGRAM DETAILS
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
Contacts:
Brownfield Coordinator
Willie McKercher
wmckercher@mdeq.ms.aov
601-961-5731
The Groundwater Assessment and Remediation Division (GARD) 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
RedevelopmentTrust 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 MDEQ all reasonable
and direct costs associated with the administration of the application
at the rate of $100/hour, including document reviews and field time,
if necessary. These fees support the cost of the program for the State
of Mississippi. 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: As of March 2017,122 sites are enrolled in the
Mississippi Voluntary Evaluation program and 30 sites are enrolled in
the Mississippi Brownfields Program.
Sites Completed: As of January 2017,63 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.lv/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.
http://bit.lv/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.lv/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.
http://bit.lv/MS-Code-49-35-15
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. Institutional
controls play a major role in Tier 2 and Tier 3 assessments.
http://bit.ly/MDEO-Risk-Evaluation-Procedures
Contaminants Covered
Hazardous Substances, asbestos, polychlorinated biphenyls (PCBs), and
petroleum are covered.
Institutional Controls (IC)
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.
IC Tracking: The state tracks and monitors institutional controls with an
online database located at: http://list.brownfields.ms
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state, http://list.brownfields.ms
Other Land Programs
Voluntary Evaluation Program
http://www.deq.state.ms.us/MDEO.nsf/pdf/GARD ussvep/$File/Ussvep.
pdf?OpenElement
Underground Storage Tanks Program
http://www.dea.state.ms.us/MDEQ.nsf/paae/UST PaaeHome?QpenDocument
CERCLA/Superfund Program
http://www.deg.state.ms.us/MDEQ.nsf/paae/GARD home?QpenDocument
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NORTH CAROLINA
PROGRAM DETAILS
Brownfields Program and Inactive Hazardous Sites Voluntary
Cleanup Program
North Carolina Department of Environmental Quality (DEQ)
Division of Waste Management (DWM)
217 W.Jones Street
Raleigh, NC 27603
https://dea.nc.aov/about/divisions/waste-manaaement
Contacts:
Brownfields Voluntary Cleanup
Bruce Nicholson Charlotte Jesneck
bruce.nicholson@ncdenr.gov charlotte.jesneck@ncdenr.gov
919-707-8330 919-707-8327
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 Causative parties are responsible for off-property
remediation at Brownfields Sites.
Funding Source(s) for the Program(s): 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 DEQ and the Department of Justice, http://
portal.ncdenr.ora/web/wm/bf/fee info. 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.The Inactive Hazardous Sites Program now has risk-based
remediation options for eligible sites. There are additional fees for this
process that depend on the size of the area of contamination. Both the
privatized oversight and risk-based remediation fees are used only to
support administration of the programs.
Sites Enrolled in VCP: Brownfields Program - As of January 2017, 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 January 2017,189 sites have approved ongoing voluntary
assessments and/or cleanups underway.
Sites Completed under VCP: Brownfields Program - As of January 2017,
there are 225 completed brownfields agreements.
IHSB's VCP: As of January 2017,562 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/incentivesfaa
Liability Relief Provisions
A brownfields agreement provided by the Brownfields Program is designed to
breakdown barriers to obtaining financing at lending institutions through the
CNTS contained within.
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 isthreatened 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, DEQ recently initiated a
program ("Ready for Reuse Program") which DEQ 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.
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 (IC)
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.
ICIC Tracking: For the Inactive Hazardous Sites Program, sites with LURs are
tracked in a database.
IC Oversight: In the Inactive Hazardous Sites Program, LURs are part of the
Remedial Action Plan (RAP).
IC 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 linkto the Brownfields Program's public
database that maintains an inventory of sites, maps sites, and/or tracks
institutional controls.This linkalso provides additional information regarding
contaminated sites in the state, http://portal.ncdenr.org/web/wm/bf/
proiectinventorv
The Inactive Hazardous Sites Program also allows land use restrictions as part
of remedies. These are tracked and annual certification of compliance runs
with the land.
Other Land Programs
Underground Storage Tanks (UST) Program
https://deg.nc.gov/about/divisions/waste-management/ust
Dry-cleaning Solvent Cleanup Act (DSCA) Program
https://deq.nc.gov/about/divisions/waste-management/drv-cleaning-solvent-
cleanup-act-program
Superfund Program- DEQ Support Agency
https://deg.nc.gov/about/divisions/waste-management/superfund-section
Pre-Regulatory Landfill Program
https://deq.nc.gov/about/divisions/waste-management/superfund-section/
pre-regulatorv-landfill-program
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SOUTH CAROLINA
PROGRAM DETAILS
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/
Contacts:
Robert Hodges
hodaesrf@dhec.sc.aov
803-898-0919
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.aov/HomeAndEnvironment/Pollution/CleanUpProarams/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. All money
collected through reimbursement of
oversight costs are held in an account for
the exclusive use ofVCP support. A Phase
I Environmental Assessment is required
along with an application for NRPs.
Sites Enrolled in VCP: As of January 2017,
383 sites are currently enrolled in the
program.
Sites Completed under VCP: As of January
2017,137 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 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.ora/NR/rdonlyres/5A9F1 B8D-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 StorageTank (UST) program, depending on the source of
the contamination.
Institutional Controls (IC)
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 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.
IC Tracking: South Carolina maintains a database that tracks
institutional controls at cleanup sites.
IC 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.
IC Monitoring: DHEC monitors compliance with Restrictive Covenants
by annual certifications and by performing inspections.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state.
http://www.scdhec.aov/apps/environment/PublicRecord/
Other Land Programs
Underground Storage Tanks (UST) Program
http://www.scdhec.aov/HomeAndEnvironment/Land/
UnderaroundStoraaeTanks/
Dry Cleaning Program
http://www.scdhec.gov/HomeAndEnvironment/Land/DrvCleaninaSites/
Superfund Program
http://www.scdhec.aov/HomeAndEnvironment/Pollution/
CleanUpPrograms/Superfund/
29
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TENNESSEE
Voluntary Cleanup, Oversight, and Assistance Program (VOAP)
Tennessee Department of Environment and Conservation (TDEC)
Division of Remediation, Brownfields Redevelopment Program
4312 Rosa L. Parks Boulevard, 14th Floor
Nashville, TN 37243
https://www.tn.aov/environment/proaram-areas/rem-remediation/rem-
brownfields-redevelopment-overview.html
Contacts:
Evan Spann
Evan.W.Spann@tn.aov
615-532-0919
The Tennessee Brownfields Redevelopment Program works with the public to assist in the re-use
and revitalization of brownfields in Tennessee. The Voluntary Cleanup, Oversight and Assistance
Program (VOAP) was created underTennessee statute in 2001 and supports the redevelopment
and revitalization of brownfields to protect the environment, reuse existing infrastructure, minimize
urban sprawl and create economic opportunities.There are several ways the Division of Remediation
works with the public to address brownfields including Voluntary Cleanup and federal Brownfields
Grant Assistance, http://www.tn.aov/environment/topic/rem-brownfields-redevelopment-overview
PROGRAM DETAILS
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; Vapor Intrusion
Evaluation$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 Ja n ua ry
2018,1889 sites are enrolled in the VOAP.
Sites Completed under VOAP:
As of January 2018,156 sites have received
NFA letters.
Financial Elements
Incentives
Tax increment financing (TIF) can be used by local governments that have
jurisdiction overany part ofa brownfields project. In 2010, legislation
was passed allowing for a brownfield property tax credit at qualified
brownfield properties. https://advance.lexis.com/container?confia=014C
JAA5ZGVhZiA3NS02MmMzLTRIZWQtOGJiNC00YzQ1 MmZINzc2YWYKAFB
vZENhdGFsb2e9zYpNUiTRalWVfvrur9ud&crid=ffc3e4bd-5fcc-4221-a6ee-
eecal 89ccb16&prid=7ed549af-7fed-4ef0-b397-55a7ae51d402
(see Title 67, Chapter 4,Part 20, Credit section 67-4-2009)
Liability Relief Provisions
Participants can receive a No Further Action letter and release of liability
under any statute administered by the 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 the 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, https://www.tn.gov/content/dam/tn/environment/
remediation/documents/brownfieldsvoap/rem Tennessee-Brownfields-
Redevelopment-Toolbox.pdf
Program Elements
Methods/Standards/Controls
EPA Regional Screening Levels (RSLs) are used for initial screening.
The criteria for selecting containment and cleanup actions, including
monitoring and maintenance options to be followed undertheVOAP,
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.
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 (IC)
Tennessee has a long-term stewardship program for voluntary sites. The
2001 amendments to the VOAP allow for enforceable land-use restrictions.
IC Tracking: Tennessee does have a tracking system for ICs.
IC Oversight and Monitoring:The state reviews sites on a site-specific
basis at least every five years. The results of the reviews are available to
the public.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state: https://www.tn.gov/content/dam/tn/
environment/remediation/documents/rem promulgated-site-list.pdf.
Tennessee also maintains a series of brownfields success stories across the
state, https://www.tn.gov/environment/program-areas/rem-remediation/
rem-success-stories.html
Other Land Programs
Underground Storage Tanks (UST) Program
https://www.tn.gov/environment/program-areas/ust-underground-
storage-tanks.html
30
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EPA REGION 5
ILLINOIS INDIANA MICHIGAN
MINNESOTA OHIO WISCONSIN
REGION 5 PROGRAM HIGHLIGHTS
EPA Region 5 states have used Section 128(a)
Response Program funding to conduct
assessments on over 313 properties, clean
up 7 properties, create over 33 jobs, and
leverage nearly $14 million.
The Land Revitalization Program in Region 5
is focused on restoring land and other natural
resources into sustainable community assets
that maximize beneficial economic, ecological
and social uses to ensure protection of human
health and the environment.
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ILLINOIS
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.illinois.aov/business/cleanup-proarams/index
Contacts:
Mike Charles
Mike.Charles@illinois.aov
217- 785-3846
Brownfields Assistance Program -The Office of Brownfields Assistance manages the Brownfields loan
program and offers technical support to communities through the services of its Brownfields representatives.
http://www.epa.illinois.aov/topics/cleanup-proarams/brownfields/index
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.illinois.aov/topics/cleanup-proarams/srp/overview/index
PROGRAM DETAILS
Funding Source(s) for the
Program: Remediation
Applicants pay for IEPA
oversight costs (SRP) and
federal grants/revolving loan
repayments fund Brownfield
activities.
Cost to enter program or fees
for service: $500 fee to enter
the Site Remediation Program
which is applied to the first
bill sent to the Remediation
Applicant.
Sites Enrolled in VCP: As of
January 2017, 799 sites are
currently in the program.
Sites Completed under VCP:
As of January 2017, 3,544 sites
have completed cleanups under
the program.
Financial Elements
Assessment and Cleanup Funding
Brownfields Cleanup Revolving Loan Fund offers interest free loans up
to $400,000 per site to municipalities for brownfields cleanups. Sites
must be enrolled in the Site Remediation Program 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
lllinois'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
UnderTACO, 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 US 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
and site-specific soil and ground water parameters, to develop site
specific remediation objectives.Tier 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 underTACO and may include engineered barriers,
ground water restrictions, highway authority agreements, and land-use
restrictions.
Institutional Controls (IC)
Illinois assures the maintenance of land use controls through title searches,
physical site inspections, and enforcement of any identified violations
underthe terms and conditions of the No Further Remediation 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 institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state, http://epadata.epa.state.il.us/land/srp/
Other Land Programs
Leaking Underground Storage Tank (LUST) Program
http://www.epa.illinois.aov/topics/cleanup-proarams/lust/index
Superfund Program
http://www.epa.illinois.aov/topics/cleanup-proarams/federal-sites/index
32
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INDIANA
PROGRAM DETAILS
Brownfields Program at Indiana Finance Authority (IFA) and
Voluntary Remediation Program (VRP)
Indiana Department of Environmental Management (IDEM)
Office of Land Quality
Indiana Brownfields Program
100 North Senate Avenue
IGCN 1275
Indianapolis, IN 46204
Contacts:
Michele Oertel
moertel@ifa.in.aov
317-234-0235
Voluntary Remediation Program
100 North Senate Avenue
IGCN 1101
Indianapolis, IN 46204
Contacts:
Corey Webb
CWEBB@idem.IN.gov
317-234-0966
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, http://www.in.aov/ifa/brownfields/
Voluntary Remediation Program (VRP) -The main goal ofthis program isto 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(s) or fees for service(s):
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 isfunded 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 January 2017, there are
1,735 Indiana Brownfields Program sites and more
than 345 active VRP projects.
Sites Completed under VCP: As of January 2017, for
the Indiana Brownfields Program, an approximate total
of 802 liability interpretation/closure letters (Comfort
Letters, Site Status Letters, NFA Letters) and comment
letters were issued; 92 Brownfield Determination
Letters (usually for tax incentives) were issued; and
190 Petroleum Eligibility Determination Letters were
issued. As of January 2017, 354 sites have successfully
completed the VRP, and 345 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.aov/ifa/brownfields/2366.htm
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.htm#taxincentives
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 provided through
the Indiana Brownfields Program. 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 two state programs
work cooperatively together to meet stakeholder needs.
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).
The 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 (IC)
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
IDEMthrough Environmental Restrictive Covenants (ERCs).The most common
type of IC approved by IDEM is an Environmental Restrictive Covenant; legislation
passed in 2009 requires IDEM to consider Environmental Restrictive Ordinances
as an effective IC. IDEM also developed and maintains an Institutional Controls
Registry to track Environmental Restrictive Covenants.
IC 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 IC document
using IDEM's Virtual File Cabinet.
IC Oversight and Monitoring: IDEM staff are primarily responsible for this
activity.
The following Web address is a direct linkto the state's public database that
maintains an inventory of sites, maps sites, and/or tracks institutional controls.
This linkalso provides additional information regarding contaminated sites in the
state, http://www.in.gov/idem/6551 .htm
Other Land Programs
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
LIDEM Leaking Underground Storage
Tanks (LUST) Program
http://www.in.gov/idem/4997.htm
33
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MICHIGAN
PROGRAM DETAILS
Brownfield Redevelopment Assessment Program and
Cleanup and Redevelopment Program
Michigan Department of Environmental Quality (DEQ)
P.O. Box 30426
Lansing, Ml 48909
www.michiaan.gov/dearrd
Contacts:
Brownfield Redevelopment Program
Carrie Geyer
aeverc1@michiaan.aov
517-284-5182
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.
Brownfield Redevelopment Assessments
Joseph Walczak
walcza ki@michiaan.gov
517-284-5167
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 (Part 201), or Part 213,
Leaking Underground Storage Tanks (Part 213), of the
Natural Resources and Environmental Protection Act
(NREPA), 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 January 2017, DEQ had provided oversight or
assistance on more than 10,000 cleanup projects.
Financial Elements
Assessment and Cleanup Funding
State clean up funding is available for petroleum related sites and on a
limited basis for non-petroleum related sites.
Michigan's EPA Sectionl 28(a) Brownfield Grant is utilized to provide
Targeted Brownfield Site Assessments for municipalities with qualifying
properties.
Incentives
Brownfield Redevelopment Program offers grants and loans of up to
$1,000,000 to municipalities for investigation and cleanup activities on
brownfield properties with a proposed redevelopment.The municipality
does not need to own the property, www.michiaan.aov/deabrownfields
Tax increment financing for environmental activities is available to
municipalities to promote redevelopment of contaminated properties.
A variety of additional financial incentives from the Michigan Economic
Development Corporation are available to provide assistance to
brownfield projects, including tax increment financing for non-
environmental activities and community redevelopment grants.
www.michiaanadvantaae.org/Grow-Your-Business/
Liability Relief Provisions
A Baseline Environmental Assessment (BEA) establishes the means to
distinguish a new release from pre-existing contamination. Completing
a BEA and submitting it to the DEQ prior to or within 45 days of purchase
provides an exemption from liability for 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).
www.michiaan.gov/bea
Program Elements
Methods/Standards/Controls
A property is considered a "facility" if the contaminant concentration
exceeds one or more residential criteria, as defined in Part 201 of NREPA.
Risk-based criteria are in place for soil and ground water based on
residential and non-residential land-use categories. Risk-based criteria are
currently being developed to address the vapor intrusion pathway and
screening levels are being utilized in the interim.
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 (IC)
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.
Other Land Programs
Leaking Underground Storage Tank (LUST) Program
http://www.michigan.gov/deg/0,1607,7-135-3311 4109 4215.OO.html
Superfund Program
http://www.michigan.gov/deg/0,1607,7-135-3311 4109 4217.OO.html
34
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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, MN 55155
http://www.pca.state.mn.us/lupg7f9
Contacts:
Petroleum Brownfields Program
Jessica Ebertz
iessica.ebertz@state.mn.us
651-757-2328
PROGRAM
Voluntary Investigation and Cleanup Program
Gary Krueger
garv.krueaer@state.mn.us
651-757-2509
The Minnesota Pollution Control Agency (MPCA) offers technical and financial assistance to parties involved
with brownfield sites. 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
PROGRAM DETAILS
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 VCP: As of
January 2017, approximately
400 sites are active in each of
the VIC and PBP programs.
Sites Where Cleanup Activities
Have Occurred: As of January
2017, over 5,600 sites are
completed (received assurance
letters) in the MPCA VIC
program and over 4,100 sites in
the PBP program.
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
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
Liability Relief Provisions
A Baseline Environmental Assessment (BEA) establishes the means to
distinguish a new release from pre-existing contamination. Completing
a BEA and submitting it to the DEQ prior to or within 45 days of purchase
provides an exemption from liability for 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).
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 riskassessments can
also be done in order to select and apply cleanup values for sites.
http://www.pca.state.mn.us/enzg83d
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 (IC)
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
Other Voluntary Cleanup Programs
Agriculture Voluntary Investigation and Cleanup Program (AgVIC)
http://www.mda.state.mn.us/chemicals/spills/incidentresponse/agvic.aspx
35
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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
Contacts:
Martin Smith
martin.smith@epa.ohio.aov
614-644-4829
Dan Tjoelker
daniel.tioelker@epa.ohio.gov
614-644-3750
PROGRAM DETAILS
Funding Source(s) fortheVCP Program:
Program fees and federal grants
Cost to enter VCP program or fees for service:
Fee structure to support program costs:
http://epa.ohio.aov/portals/30/vap/docs/2014VA
PFeeScheduleAuaustrounded.pdf
Sites Enrolled in VCP: As of January 2017,655
No Further Action (NFA) letters have been issued
since the inception of the program in 1994.
Sites Completed under VCP: As of January 2017,
565 properties have received a Covenant Not to
Sue (CNS) from Ohio EPA.
QSQ2I
Voluntary Action Program (VAP)created to give volunteers 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) provides outreach, training, and assistance to individuals, communities, and environmental
professionals involved in brownfield revitalization. The program helps communities explore funding options for assessment and cleanup of brownfields
and can provide direct assistance to communities through Targeted Brownfield Assessments. http://www.epa.state.oh.us/derr/SABR/sabr.aspx
Financial Elements
Assessment and Cleanup Funding
A variety of grants, loans, and technical assistance are available to assist
with brownfields reuse projects:
Ohio EPA:
http://www.epa.ohio.gov/derr/SABR/Grant Assistance.aspx%20
ODSA Office of Redevelopment:
http://development.ohio.gov/cs/cs brownfield.htm
JobsOhio:
http://iobs-ohio.com/images/Revite Loan Assessment Grant APR2014.pdf
Incentives
Tax Abatementupon issuance of a CNS 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 utilizes consultants certified
by Ohio EPA (certified professional or CP) and certified labs to perform
investigation and cleanup activities. Once the cleanup is done, the CP
prepares an NFA letter to demonstrate that proper investigation and
cleanup activities were performed and that no further action is needed. If
the site meets applicable standards, the 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
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. http://www.epa.ohio.gov/derr/sabr/Small Rural
Community Brownfield Assistance.aspx
Program Elements
Methods/Standards/Controls
Ohio EPA developed the original rules governing the VAP with considerable
input from a steering committee and technical subcommittees representing
diverse interests. 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: http://epa.ohio.gov/derr/derrrules.aspx
Contaminants Covered
Hazardous substances and/or petroleum. Sites that are subject state or
federal enforcement, hazardous or solid waste closure, and petroleum
underground storage tanks (except limited instances) are not eligible for
the VAP. Cleanup standards are based on natural background, generic risk-
based cleanup standards, or site-specific cleanup standards.
Institutional Controls (IC)
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", an environmental covenant (ORC §5301.82) is
a remedy to support the CP's issuance of an NFA letter.
IC Tracking: ICs are tracked through the division's database.
IC Oversight and Monitoring: Ohio EPA inspects institutional controls
(activity and use) every five years.
Ohio Brownfields Inventory Database
A limited inventory of brownfield properties in Ohio:
http://epa.ohio.gov/derr/SABR/brown dtb/browndtb.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
36
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WISCONSIN
PROGRAM DETAILS
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/
Contacts:
Land Recycling Team Leader
Michael Prager
michael.praaer@wisconsin.aov
608-261-4927
Uii£
imj
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 sites. 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 (UST), 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, http://dnr.wi.aov/ora/aw/rr/cleanup/ocp.htm
Funding Source(s) for the Program: State fund,
program fees, and federal grants. Generally,
program fees pay for the cost of technical oversight
and state funds and federal grants pay for the cost
of redevelopment assistance, outreach, training,
and program and policy development.
Cost to enter program or fees for service: WDNR
employs two fee structures for parties'assistance in
the cleanup and redevelopment of contaminated
properties, flat fees per service or an hourly
oversight fee, depending on whether or not the
site is seeking a Voluntary Party Liability Exemption.
http://dnr.wi.aov/topic/Brownfields/Fees.html
Sites Enrolled: As of January 2017, more than 3,055
sites are being cleaned up in the traditional cleanup
program, seeking closure letters. Approximately
102 active sites are in the Voluntary Party Liability
Exemption (VPLE) process, seeking Certificates of
Completion (COC).
Sites Completed: As of January 2017, more than
26,398 sites have received close-out letters and 167
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.aov/topic/Brownfields/Financial.html
Incentives
A variety of tax incentives are available to assist with brownfields reuse
projects. http://dnr.wi.aov/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/
Liabilitv.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.
Groundwater 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
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)
Closures with residual contamination and certain remedial action
approvals include institutional controls or"continuing obligations,"legal
and engineering requirements needed by current/new property owner(s)
to maintain certain safeguards. 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 other necessary continuing obligations, such as
industrial soil standards that are appropriate until the land use changes,
operations of vapor mitigation systems, and others.
IC Tracking: Sites with ICs/continuing obligations are tracked using the
following link: http://dnr.wi.gov/topic/Brownfields/clean.html
IC Oversight:The DNR has the ability to enforce continuing obligations
that are legally binding per state statute (s. 292.12, Wis. Stats.).
IC Monitoring: As of January 2017, DNR has audited more than 660
properties with continuing obligations per year using its EPA Section
128(a) Brownfields Grant 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.
37
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EPA REGION 6
ARKANSAS LOUISIANA NEW MEXICO
OKLAHOMA* TEXAS
, >5Vv>.- 4.
REGION 6 PROGRAM HIGHLIGHTS
Several Regions 6 statesOklahoma,
Texas, and New Mexicoare assessing and
cleaning up contaminated service stations,
motels, and businesses along historic Route
66, boosting economic development along
the historic corridor.
EPA Region 6 states have used Section 128(a)
Response Program funding to conduct
assessments on over 294 properties, clean
up 17 properties, create over 3,300 jobs, and
leverage nearly $137 million.
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ARKANSAS
Brownfield Program
Arkansas Department of Environmental Quality (ADEQ)
Office of Land Resources
5301 Northshore Drive
North Little Rock, AR 72118-5317
http://www.adea.state.ar.us/hazwaste/
Contacts:
CERCLA Brownfields Inspector Supervisor
Terry Sligh
mailto:terrv@adeq.state.ar.us
501-682-0867
PROGRAM DETAILS
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 January
2017,115 sites were enrolled in the
Brownfields Program.
Sites Completed under VCP: As of
January 2017,44 brownfield sites
were completed.
The Arkansas Department of Environmental Quality (ADEQ) is administering its Brownfield 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.adea.state.ar.us/hazwaste/bf/default.htm
Financial Elements
Assessment and Cleanup Funding
Arkansas uses its U.S. EPA Section 128(a) Response Program funding
to conduct Phase I and Phase II Environmental Site Assessments
(ESA) and minor site cleanup for municipalities, quasi-governmental
organizations and nonprofits.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.adea.state.ar.us/hazwaste/bf/default.
htm#FinancialAssist
Liability Relief Provisions
Under the state's VCP program, ADEQ issues Implementing Agreements (IA)
establishing 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 are 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.
Institutional Controls (IC)
Arkansas does not have a system to monitor or enforce long-term
stewardship and institutional controls. Institutional controls are listed in
the Arkansas Record of Brownfields Projects, which is available on the
website.
ICTracking, Oversight and Monitoring: Arkansas does not have a
system to track, monitor or enforce ICs.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state, http://www.adeq.state.ar.us/hazwaste/bf/
brownfield.asp
Other Land Programs
Regulated Storage Tanks (RST) Program
http://www.adea.state.ar.us/rst/default.htm
39
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LOUISIANA
Voluntary Remediation Program (VRP)/Brownfields Initiative
Louisiana Department of Environmental Quality (DEQ)
P.O. Box 4312
Baton Rouge, LA 70821-4312
http://www.dea.la.gov/brownfields
Contacts:
Duane Wilson
duane.wilson@la.gov
225-219-3719
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, http://www.dea.la.gov/brownfields
PROGRAM DETAILS
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.The $500 Application fee is
applied to the Department's oversight
costs. Waivers for oversight costs are
available to government and nonprofit VRP
applicants as funding permits.
Sites Enrolled in VCP: As of January 2017,
147 sites were enrolled in the program.
Sites Completed under VCP: As of January
2017,67 Certifications of Cleanup (COC)
were issued, and 18 No Further Action
(NFA) letters were issued.
Financial Elements
Assessment and Cleanup Funding
Louisiana Brownfields Cleanup Revolving Loan Fund -The Department's
Revolving Loan Fund Program expired as there are no funds available.
Other Land Programs
Underground Storage Tank (UST) Program
http://www.dea.louisiana.gov/portal/tabid/2674/Default.aspx
Liability Relief Provisions
Perspective purchases who enter the state VCP are eligible for a release
from liability for previous contamination at a property. 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 Department of Environmental Quality (DEQ) following public
notice and the opportunity for a public hearing in the affected community.
http://www.deg.louisiana.g0v/portal/Portals/O/planning/regs/ega.pdf
Program Elements
Methods/Standards/Controls
104to 106and Hazard Index of 1; three tiers of Management Options
under Risk Evaluation/Corrective Action Program (RECAP), a risk-based
system in Louisiana.
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 sites are ineligible).
Institutional Controls (IC)
Use restrictions for partial voluntary remedial actions.
ICTracking: Institutional controls are tracked through the general site
management database. The following Web address is a direct link to the
state's public database that maintains an inventory of sites, maps sites
and/ortracks institutional controls. This linkalso provides additional
information regarding contaminated sites in the state.
http://www.deg.louisiana.gov/porta I/Lin kClick.aspx?fi leticket=Y2QYdizi
Wh0%3d&tabid=269
40
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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
https://www.env.n m.aov/
Contacts:
Program Manager
AN Furmall
ali.furmall@state.nm.us
505-827-0078
VRP Project Manager
Rebecca Cook
rebecca.cook@state.nm.us
505-827-0171
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. https://www.env.nm.aov/awb/RemediationOversiaht/VRP.html
PROGRAM DETAILS
Funding Source(s) for the
Program: Federal grants,
Revolving Loan Fund (RLF)
repayments and oversight fees
Cost to enter the VRP: There
is a $1,000 application fee, and
payment to NMED for oversight
charges is required. Oversight
is billed as actual staff hours
worked, as well as any required
travel and supplies. The current
staff oversight fee is $90/hour.
Sites Enrolled in VRP: As of
January 2017, there were 30
active sites in the program.
Sites Completed under VRP:
As of January 2017,95 sites had
completed cleanups through the
program.
Financial Elements
Assessment and Cleanup Funding
NMED offers 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, https://www.env.
nm.aov/awb/RemediationOversiaht/Brownfields.html
Liability Relief Provisions
Upon successful completion of a voluntary remediation project,
NMED provides a Covenant Not to Sue (CNS) to a new purchaser of a
contaminated property, provided the purchaser did not contribute to the
site contamination.The CNS addresses 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 or indoor air.
Institutional Controls (IC)
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 includes a direct link to the state's public
inventory of VRP sites including those with ICs. This link also provides
additional information regarding contaminated sites in the state.
https://www.env.nm.aov/awb/RemediationOversiaht/VRP.html
Other Land Programs
Petroleum Storage Tank Bureau
http://www.nmenv.state.nm.us/ust/ustbtop.html
Superfund Program
https://www.env.nm.aov/ust/ustbtop.html
41
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OKLAHOMA
Oklahoma Department of
Environmental Quality (DEQ)
Land Protection Division
P.O. Box 1677
Oklahoma City, OK 73101-1677
http://www.dea.state.ok.us/lpdnew/
brownfindex.html
Contacts:
Brownfield Manager
Aron Samwel
aron.samwel@deq.ok.aov
405-702-5123
Oklahoma Corporation
Commission (OCC)
Oil and Gas Conservation Division
P.O. Box 52000
Oklahoma City, OK 73152-2000
http://www.occeweb.com/oa/
brownfields.htm
Contacts:
Brownfields Manager
Jeff Myers
i.mvers@occemail.com
405-522-2764
PROGRAM DETAILS
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 for private parties
(DEQ); None (OCC)
Sites Enrolled in VCP:
DEQ - As of January 2017,13 sites were currently
enrolled in the program.
OCC - As of January 2017, 5 sites were currently
enrolled in the program.
Sites Completed under VCP:
DEQ - As of January 2017, 21 Brownfields Certificates
of No Action Necessary have been issued. 16
Brownfields Certificates of Completion (COC) have
been issued.
OCC-As of January 2017,15 Brownfields Certificates
of No Action Necessary have been issued. Six
Brownfields Certificates of Completion (COC) have
been issued.
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 (CO) for site characterization and remediation, http://www.deq.state.ok.us/lpdnew/brownfindex.html
The Oklahoma Corporation Commission's (OCC) 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 related sites, or from leaking underground petroleum storage tank
(PST) sites. The brownfields process includes working with staff to address the site through assessment and remediation.
http://www.occeweb.com/oa/brownfields.htm
Financial Elements
Assessment and Cleanup Funding
DEQ provides free Targeted Brownfields Assessments (TBA) to public
entities and nonprofit groups. On occasion, DEQ offers competitive
cleanup grants to government entities and nonprofit groups. Public,
nonprofit and private entities may obtain low interest loans for cleanup
from DEQ's Brownfields Revolving Loan Fund (RLF).
The State Clean Water Revolving fund may be accessed for the cleanup
of brownfield sites in metropolitan areas that have the potential to
impact waters of the state.
OCC can provide Targeted Brownfields Assessments to public entities
and nonprofit groups. It also inspects and refers sites to the Oklahoma
Energy Resources Board for a funded oil and gas site assessment and
cleanup, and can refer 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 10 acre
or larger DEQ brownfield site may qualify for incentive payments under
the Oklahoma Quality Jobs Act, http://www.dea.state.ok.us/lpdnew/
Brownfields/FactSheets/Brownfields%20Financial%20l ncentives.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. Since DEQ
has a Brownfields Memorandum of Agreement with EPA, the federal
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) enforcement bar applies to eligible response sites that complete
DEQ's program.
Upon completion of projects under its jurisdiction, for which OCC has
issued a COC or a No Action Necessary, 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 and/or requirements.The federal
government will not take an administrative or judicial enforcement action
against sites in compliance with the state program.
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Program Elements
Methods/Standards/Controls
DEQ Brownfields Program features 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 forthe 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 but is not limited to crude oil, saline
produced water/brine, gasoline, and diesel.
Institutional Controls (IC)
Institutional Controls (IC) are allowed if they adequately protect the public.
DEQ has authority to implement land use controls, if necessary.
IC Tracking: DEQ tracks active and completed sites on DEQ's
Brownfields Public Record. When the certificate is issued the site is
entered into the agency's web-based IC database. DEQ prefers multiple
layers of ICs to ensure that the site remains protective long term.
IC Oversight: DEQ oversees the project from site characterization
through any required after-action, long-term monitoring or long-term
stewardship requirements. Participants must reimburse DEQ for its
oversight costs. DEQ audits the completed sites and ICs every five years.
IC Monitoring: If long-term monitoring or stewardship is required at a
DEQ site, a plan must be in place for long-term management, including
a plan for financial assurance and a contingency plan for groundwater
remedies if contamination does not diminish over time, prior to a
Brownfields Certificate being issued.
The following Web address is the DEQ's public database that maintains an
inventory of sites, maps sites, and/or tracks institutional controls:
http://dea.maps.arcais.com/home/index.html
DEQ has a direct link that maps all ICs forthe agency:
http://a rca.is/2m 99a NZ
Under the OCC Brownfields Program, institutional controls (IC) are one of
the many choices that can be made at a site in order to protect the public.
OCC currently has an ArcGIS based public record that contains information
for ICs at all sites that have completed brownfields actions through its
program. The Brownfields Public Record is at:
http://www.occeweb.com/oa/brownfields/bfpub.htm.
Other Land Programs
Petroleum Storage Tank Program (OCC)
http://www.occeweb.eom/ps/a bcs.htm I
Superfund Program (DEQ)
http://www.deg.state.ok.us/lpdnew/sfindex.html
Voluntary Cleanup Program (VCP)
http://www.deg.state.ok.us/lpdnew/VCPIndex.htm
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TEXAS
Voluntary Cleanup Program (VCP)
Brownfields Response Program (BRP)
Railroad Commission (RRC) of Texas
P.O. Box 12967
Austin,TX 78711-2967
http://www.rrc.texas.gov/oil-aas/
environmental-cleanup-programs/
Contacts:
Voluntary Cleanup Program Manager
Chris Moore
chris.moore@rrc.state.tx.us
512-463-3384
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.
www.tcea.texas.aov/aoto/vci: | www.tcea.texas.aov/aoto/iop | www.tcea.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). http://www.rrc.texas.gov/oil-gas/environmental-cleanup-programs/site-remediation/
TCEQ Brownfields Site
Assessment Program
MC221
P.O. Box 13087
Austin, Texas 78711-3087
http://www.tcea.texas.gov/goto/
bsa
Contacts:
Brownfields Program Manager
Kristy Livingston
kristian.livingston@tceq.texas.gov
512-239-2252
PROGRAM DETAILS
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 January 2017, the VCP
had received over 2,500 applications
representing dry cleaners, manufacturing
facilities, shopping centers, warehouses,
auto-related businesses, and other
commercial and industrial enterprises.
RRC - As of January 2017, over 100 sites
were entered into the VCP and BRP.
Sites Completed under VCP:
TCEQ - As of January 2017, over 2,000
sites were issued Certificates of
Completion (COC).
RRC - As of January 2017, over 10
brownfields certificates and 50 VCP
certificates have been granted.
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 BRP.
Incentives
Some local governments within the state offer ad valorem property tax
abatements to attract brownfields cleanup and redevelopment. Texas
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 underTexas 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, 30Texas Administrative Code (TAC) Chapter 350. In theTCEQ VCP,
site cleanups of releases from regulated underground and aboveground
storage tanks are evaluated using the Petroleum Storage Tank Rules, 30
TAC Chapter 334. A VCP applicant may use state-developed cleanup levels
or site-specific data to develop site-specific cleanup levels.
www.tceg.texas.gov/remediation/standards
Contaminants Covered
Both theTCEQ 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 (IC)
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 linkalso provides additional information regarding
contaminated sites in the state, www.tceg.texas.gov/goto/vcp
http://www.rrc.texas.gov/oil-gas/environmental-cleanup-programs/site-
remediation/voluntarv-cleanup-program/
Other Land Programs
Petroleum Storage Tank (PST) Program (TCEQ)
https://www.tceg.texas.gov/agencv/data/enf clean data.html
Superfund Program (DEQ)
https://www.tceg.texas.gov/remediation/drv cleaners/index.html
Voluntary Cleanup Program (VCP)
https://www.tceg.texas.gov/remediation/superfund/index.html
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EPA REGION 7
Iowa, Kansas, Missouri and Nebraska have
used the funding to conduct assessments
on nearly 900 properties, clean up over 30
properties, create over 800 jobs, and leverage
nearly $130 million.
In 2017, communities across the Midwest
will receive $1.75 million from EPA to
empower communities and stakeholders to
work together with their states to prevent,
assess, safely clean up, and sustainably reuse
brownfields. EPA Region 7 states provide
crucial support to these communities to both
access the EPA funding and to effectively use
the resources to achieve the overall outcomes
that Congress intended.
EPA Region 7 states continue to support
community-led redevelopment projects and
actively seek out opportunities for increased
collaboration in mutually beneficial projects
across the Heartland.
IOWA ~ KANSAS MISSOURI NEBRASKA
Missouri River,
Montana
LL
-t;
- SM
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IOWA
Brownfield Redevelopment Program and Land Recycling Program (LRP)
Iowa Department of Natural Resources (IDNR)
Wallace State Office Building
502 East 9th Street
Des Moines, IA 50319
http://www.iowadnr.gov/brownfields/
Contacts:
Program Coordinator
Mel Pins
mel.pins@dnr.iowa.aov
515-725-8344
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. Tools to
assist with this process are provided on IDNR's website, including links to the Contaminated Sites Database, Statewide
Standards, Cumulative Risk Calculator, StorageTanks Database, Risk-Based Corrective Action Application/guidance
documents, LUST Electronic Records, Historic Aerial Photos, and Coal Mine Maps, http://www.iowadnr.gov/brownfields/
PROGRAM DETAILS
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, with
billing of enrollees for state
oversight occurring on a
quarterly basis.
Sites Enrolled in VCP: As of
January 2017, a total of 29
sites were actively enrolled
in the program.
Sites Completed under
VCP: As of January 2017,
72 sites completed the
program.
Financial Elements
Assessment and Cleanup Funding
Iowa requires small and large quantity generators and anyone that
treats, stores, disposes of or transports hazardous waste in Iowa to pay
appropriate fees. The Hazardous Waste Remedial (HWR) Fund is then
used to conduct 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) State and Tribal 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 brownfield sites, with Section 128(a)
matching funds available up to $25,000 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
brownfield sites can receive a 24% tax credit of up to $1,000,000 per
project, https://www.iowaeconomicdevelopment.com/brownfield
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.
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. Riskassessment 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 riskassessment, background
levels, ground water standards, and soil standards per state law.
http://www.iowadnr.gov/brownfields/
Contaminants Covered
Any contaminant that has appropriate toxicity information available, and
is not being addressed under separate authority, is eligible.
Institutional Controls (IC)
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 IC or appeal to a less
restrictive standard with an IC. Use of an IC may not be allowed to address
free product or"gross contamination."
The following Web address contains a direct link to the state's public
database that maintains an inventory of sites, maps sites, and/or tracks
ICs.This linkalso provides additional information regarding contaminated
sites in the state. http://www.iowadnr.gov/Environmental-Protection/
Land-Qualitv/Contaminated-Sites/Land-Recvcling-Program-LRP
Other Land Programs
Underground Storage Tanks (USTs) Program
http://www.iowadnr.gov/Environmental-Protection/Land-Qualitv/
Underground-Storage-Tanks
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KANSAS
PROGRAM DETAILS
Voluntary Cleanup and Property Redevelopment Program (VCPRP)
Brownfields Targeted Assessment 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
Contacts:
Brownfields Coordinator
Gary Richards
aarv.richards@ks.aov
785-291-3246
Funding Source(s) for the VCPRP Program:
Oversight fees and federal grants
Cost to enter program or fees for service:
VCPRP applications must be submitted with $200
nonrefundable application fee; initial deposit,
not to exceed $5,000 is required to cover 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.
VCPSites:AsofJanuary2017,351 properties were
actively participating in the program. Active sites are
defined as being in the investigation phase or in cleanup.
Sites Completed under VCP: As of January 2017, the
VCPRP issued 247 No Further Action letters resulting in
approximately 2,691 acres of land being remediated.
Wi
imj
Under the Voluntary Cleanup and Property Redevelopment Program (VCPRP), 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.aov/remedial/vcp/and http://www.kdheks.aov/brownfields/
Financial Elements
Assessment and Cleanup Funding
Brownfields Targeted Assessment Program: http://www.kdheks.gov/
brownfields/targeted assess prog.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.
Environmental Liability Relief Provisions
The Contaminated Property Redevelopment Act (K.S.A. 65-34,177-
186), signed into law on May 9, 2016, authorizes KDHE to issue a
Certificate of Liability Release (CELR) to certain prospective purchasers
of contaminated properties. CELRs may only be issued for properties
acquired after July 1,2016.
Under KSA65-34,169 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/vcp/
Contaminants Covered
All contaminants and pollutants covered including lead, asbestos and
polychlorinated biphenyls (PCBs). http://www.kdheks.gov/remedial/vcp/
Institutional Controls (IC)
Use environmental use controls.
IC Tracking: All ICs are tracked and a part of a computerized database
for public viewing.
IC Oversight: All ICs are enforceable by KDHE pursuant to the statute.
IC Monitoring: All ICs are inspected on a regular basis to ensure
compliance.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls. As of August 2017,206 environmental use controls have been
recorded on properties in Kansas.This linkalso provides additional
information regarding contaminated sites in the state.
http://www.kdheks.gov/remedial/isl disclaimer.htm
Other Land Programs
State Cooperative Program
http://www.kdheks.gov/scp/
Storage Tanks Program
http://www. kd he ks.g ov/ta n ks/
Drydeaning Program
http://www.kdheks.g0v/ars/index.html#drycl
Superfund Program
http://www. kd he ks.g ov/a rs/s u pe rf u n d u n it. htm I
Orphan Sites Program
http://www.kdheks.gov/ars/swp/
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MISSOURI
PROGRAM DETAILS
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/
Contacts:
Scott Huckstep
Scott.Huckstep@dnr.mo.gov
573-526-8913
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.
http://www.MissouriBrownfields.com
Funding Source(s) for the Program: Federal grants
and oversight fees
Cost to enter program or fees for service: The BVCP
is a fee-for-service program where the participant
pays the department's site-specific oversight costs
and overhead.The application fee is $200 and up
to $5,000 initial deposit is made toward the costs.
Currently, oversight time is billed at $65 - 80 per hour
based on personnel salaries plus overhead.The total
oversight cost depends on the nature and extent of
contamination and other site-specific factors. After
completion or withdrawal, any remaining deposit
balance is refunded.The average cost per site is $4,000.
Non site specific work is supported by 128(a) grant
funding.
Sites Enrolled in VCP: As of February 2017, there are
220 active sites enrolled in the program.
Sites Completed under VCP: As of February 2017,851
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 and its related
statutes and regulations will sunset/expire on August 28,2017.
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 and 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
brownfields properties.
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, https://ded.mo.gov/
proarams/communitv/brownfield-redevelopment-proaram
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.
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://dnr.mo.gov/env/hwp/
depa rtmentmrbca.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 (IC)
Under the MRBCA guidance, the site remediation can be complemented
by IC and/or engineering controls. The most used IC 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 has 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 ultimately intends for this system to address
all remediated sites in Missouri, regardless of which regulatory area of the
Hazardous Waste Program provides remediation oversight.
IC Tracking: Sites with ICs are listed on the BVCP website.
IC Oversight and Monitoring: Annual inspection visits by a BVCP
project manager are required.
The following Web address is a direct link to the state's public information
system that provides an inventory of hazardous substance investigation
and remediation sites, including any related ICs: http://dnr.mo.gov/ESTART/
Other Land Programs
Petroleum Storage Tanks Program
http://d n r. m o.g ov/e n v/h wp/ta n ks/
Superfund Program
http://d n r. m o.g ov/e n v/h wp/sf u n d/
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NEBRASKA
Voluntary Cleanup Program (VCP)
Nebraska Department of Environmental Quality (NDEQ)
1200 N Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
http://dea.ne.gov/
Contacts:
Section Supervisor, Remediation Division
Mike Felix
mike.felix@nebraska.gov
402-471-4210
BVCP/Brownfields Coordinator, Superfund/VCP Unit
Taryn Serwatowski
tarvn.serwatowski@nebraska.gov
402-471-6411
The 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://dea.ne.aov/NDEQProa.nsf/OnWeb/VCP
PROGRAM DETAILS
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. The
$2,000 application fee covers indirect costs
ofthe prog ram.The $3,000 initial deposit
covers time spent on review and oversight
of a site enrolled in the program. If review
and oversight costs exceed the $3,000 initial
deposit, additional fees will be required
and are typically billed to the applicant on a
monthly basis.
Sites Enrolled in VCP: As of January 2017,
21 sites are active in the voluntary cleanup
program.
Sites Completed under VCP: As of January
2017, 22 sites have successfully completed
cleanup requirements under the 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
ofthe 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.
Contaminants Covered
Hazardous substances, pollutants and contaminants, petroleum, asbestos,
lead-based paints, and polychlorinated biphenyls (PCBs) are all covered.
Institutional Controls (IC)
Institutional controls in accordance with the Nebraska Uniform
Environmental Covenants Act are recommended.
IC Tracking: Institutional controls are tracked as part ofthe Public
Record required by federal Section 128(a).
IC Oversight: NDEQ reviews and approves remedial action plans and
performs oversight of implementation ofthe remedial action, including
the implementation of institutional controls.
IC Monitoring: NDEQ performs periodic monitoring of ongoing long-
term operation, maintenance and monitoring activities, including
monitoring of institutional controls.
Current information on the Public Record and IC tracking system can be
found at: http://deq.ne.aov/NDEOProa.nsf/OnWeb/VCPPR
Other Land Programs
Petroleum Remediation Program
http://dea.ne.aov/NDEQProa.nsf/OnWeb/LUST
Superfund Program
http://dea.ne.gov/NDEQProa.nsf/OnWeb/SF
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COLORADO MONTANA NORTH DAKOTA
SOUTH DAKOTA ~ UTAH .WYOMING
Thunderstorm,
Rocky Mountains,
Colorado
REGION 8 PROGRAM HIGHLIGHTS
Revolving Loan Fund grantees in Montana,
Colorado and Utah have provided over
$21 million in loans and grants that have
resulted in 50 cleanups, $1 billion in dollars
leveraged, 3,662 jobs and over 220 acres
ready-for-reuse.
Of the 341 cleanups that have been
completed nationally using Section 128(a)
Response Program funds. Region 8 states
responsible for completing 81 of those; that's
25% of all Section 128(a) funded cleanups.
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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
http://www.cdphe.state.co.us/HM/index.htm
Contacts:
Superfund/
Brownfields Unit Leader
Doug Jamison
doua.iamison@state.co.us
303-692-3404
PROGRAM
Brownfields Program
Coordinator
Mark Rudolph
mark.rudolph@state.co.us
303-692-3311
Voluntary Cleanup and Redevelopment
Program
Fonda Apostolopoulos
fonda.apostolopoulos@state.co.us
303-692-3411
PROGRAM DETAILS
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 $95.
Sites Enrolled in VCP:
Approximately 70 applications
are processed each year.
Sites Completed under VCP:
As of January 2017, a total of
1,195 sites have been completed
under the VCP.
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/voluntarv-cleanup
Financial Elements
Assessment and Cleanup Funding
Colorado Brownfields Revolving Loan Fund - Encourages the cleanup
of unused or under-used contaminated properties. The Fund offers
financing with reduced interest rates, flexible loan terms, and flexibility
in acceptable forms of collateral. The fund can also provide sub-grants
to local governments, https://www.colorado.aov/pacific/cdphe/
brownfields-revolvina-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.
Incentives
Sub-Grants - State Brownfields grants are available to local governments
and non-profits to help pay for cleanup of contaminated properties and
facilitate redevelopment of those properties.
State IncomeTaxCreditfor 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 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 (IC)
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 underthe 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.
IC Tracking: Colorado is required to maintain an inventory of all sites
and facilities at which hazardous substances have been disposed of
in the state. 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. Colorado is required to create and maintain a registry of all
environmental covenants, including any modifications or terminations
ofthe covenants underthe 2001 amendments to the Hazardous Waste
Sites Act. The database is available to the public at:
https://www.colorado.aov/pacific/cdphe/hmcovenants.
IC Oversight and Monitoring: Colorado's long-term stewardship
provisions include monitoring, ICs and enforcement.
The following Web address is a link to the state's public database that
maintains an inventory of sites, maps sites, and/or tracks institutional
controls. The links also provide additional information regarding
contaminated sites in the state, https://www.colorado.aov/pacific/cdphe/
cateaories/services-and-information/environment/environmental-cleanup
Other Land Programs
Superfund Program
https://www.colorado.aov/pacific/cdphe/superfund-sites
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MONTANA
Montana Department of Environmental Quality (DEQ) Brownfields
Waste Management & Remediation Division
P.O. Box 200901
Helena, MT 59620-0901
http://dea.mt.gov/Land/Brownfields
Contacts:
DEQ's Brownfields Coordinator
Jason Seyler
isevler@mt.gov
406-444-6447
DEQ's Petroleum Brownfields Coordinator
Brandon Kingsbury
bkinQsburv@mt.gov
406-444-6547
The Montana DEQ's Brownfields Program works collaboratively with internal and external stakeholders
to address Hazardous Substance and Petroleum Brownfields sites across Montana.The program provides
both technical and financial expertise on the assessment and cleanup of Brownfields properties. DEQ's
Brownfields Program also provides grant writing assistance, outreach, and workshops for communities
interested in Brownfields. http://dea.mt.gov/Land/Brownfields
PROGRAM DETAILS
Funding Source(s) for DEQ's
Brownfields 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
State Superfund Voluntary Cleanup
and Redevelopment Act (VCRA)
program must agree to reimburse
the state for all administrative costs.
This cost recovery is based on actual
cost. Oversight costs on non-State
Superfund Brownfields cleanup
projects are covered by federal grants.
Sites Completed under VCP: As of
January 2017, 38 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/
Land/brownfields/grants
Montana Assessment grants are discussed at: http://deq.mt.gov/Land/
brownfields/targetedba
Loans available through state Board of Investments program may apply
to brownfield sites.
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/divisions/cardd/resource-development/reclamation-and-
development-grants-program
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://dea.mt.gov/Land/StateSuperFund/vcra
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 are 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 are cleaned up to MT DEQ
standards.
Institutional Controls (IC)
For the VCP, institutional controls allowed as appropriate.
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NORTH 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/
Contacts:
Brownfield Redevelopment Program
Carrie Geyer
aeverc1@michiaan.aov
517-284-5182
PROGRAM
Brownfield Redevelopment Assessments
Joseph Walczak
walcza ki@michiaan.gov
517-284-5167
PROGRAM DETAILS
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 January
2017, 3 active sites are currently enrolled in
the program.
Sites Completed under Program: As of January
2017,46 sites have completed full or partial
cleanups, and 52 sites have completed Phase I
or Phase II assessments through the 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.
Financial Elements
Assessment and Cleanup Funding
The state is using Section 128(a) Response Program grant funds from U.S.
EPA to conduct site assessments and/or contamination removal activities
at Brownfield sites.
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/
QualificationForResponsibilitvExemptionReaulatorvAssurance.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 (IC)
Various institutional controls allowed, based on individual
sites, future use, location, etc. http://www.ndhealth.gov/wm/
EnvironmentalCovenantslnstitutionalControls.htm
IC Tracking: The Department, by law, is required to maintain a record of
all institutional controls established.
IC Oversight: The Department conducts oversight activities at all
voluntary cleanup sites and has the authority to access any site.
IC Monitoring:The Department has the authority to conduct
monitoring at any site.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state. http://www.ndhealth.aov/WM/
Brownfields/BrownfieldsSiteslnNorthDakota.pdf
Other Land Programs
Underground Storage Tanks (UST) Program
http://www.ndhealth.gov/WM/UnderaroundStoraaeTankProaram/
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SOUTH DAKOTA
PROGRAM DETAILS
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://www.pca.state.mn.us/lupg7f9
Contacts:
Brownfields Coordinator
Kim Mcintosh
Kim.Mcintosh@state.sd.us
605-773-3296
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.aov/des/aw/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 Regulated Substance
Response Program: As of January 2017,
the program has assisted over 13,502 sites
through the voluntary cleanup program
(VCP). Each year approximately 250 new
sites are entered into the VCP program.
Sites Completed under Regulated
Substance Response Program: As of
January 2017, over 13,146 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 from
U.S. EPA 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 January 2017, funds were used to perform
assessment and cleanup activities on 76 brownfield sites.
Liability Relief Provisions
Legislation (SDCL Chapter 74:05:12) was passed to establish additional
liability provisions for sites designated as brownfield sites by the state.
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 (IC)
The state allows the use of institutional controls (IC) on brownfield sites,
spills, or releases both in the assessment and remediation phase of the
project.The state's database fhttp://denr.sd.aov/des/aw/Spills/Spills.aspx)
contains information on state rules, assessment and cleanup standards,
and provides a mechanism to track long-term institutional controls.
IC Tracking: ICs are recorded on deed notices and environmental
covenants and are tracked by the Department of Environment and
Natural Resources'(DENR) database.
IC Oversight: Oversight is provided on all assessment and cleanup
projects.
IC 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 sites,
maps of sites by community, and/or information on institutional controls
being used ata particular site. This linkalso provides additional detailed
information regarding each contaminated site in the state.
http://arcais.sd.aov/server/denr/spillsviewer/
Other Land Programs - http://denr.sd.aov/data.aspx
Storage Tanks Program
http://arcais.sd.gov/server/denr/tanksdb/default.html
Superfund Program
http://denr.sd.gov/des/aw/Superfund/Superfund.aspx
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UTAH
PROGRAM DETAILS
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
Contacts:
VCP/Brownfields Section Manager
Bill Rees
Brees@utah.aov
801-536-4167
PROGRAM
The Utah State Legislature passed the Voluntary Release Cleanup Program statute in 1997.
This legislation created the Voluntary Cleanup Program (VCP) underthe 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, http://www.superfund.utah.aov/vcp.htm
Funding Source(s) for the Brownfields Program:
Federal grants (100%)
Cost to enter VCP 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. The rate is
specified in the UDEQ's approved fee schedule.
Sites Enrolled in VCP: Through March 2017 (FFY
17) and consistent with the Program Activity Levels
(PALs), 44 properties (or sites) enrolled in the VCP.
Sites Completed underVCP:Through March 2017
(FFY 17) and consistent with the PALs, one Certificate
of Completion (COC) issued and one Certificate of
Completion amended.
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
for eligible applicants.
Liability Relief Provisions
The VCP offers a COC with limited liability relief for non-responsible
parties, future owners, and lenders.The DERR also has a Brownfields tool
known as an Enforceable Written Assurance (EWAJ.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 underthe 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.Through March
2017 (FFY 17), 10 EWA applications received and 8 EWAs issued.
Program Elements
Methods/Standards/Controls
AVCP applicant has a choice of cleanup standards including background
levels, generic risk-based levels, site-specific risk based levels not relying on
institutional controls, site specific risk-based levels relying on institutional
controls, and others based on consultation with UDEQ/DERR. AVCP
applicant may perform a site-specific risk assessment.
Contaminants Covered
The program does not restrict on basis of contaminants.
Institutional Controls (IC)
ICs may be allowed as part of a cleanup strategyuse and review is
decided on a case-by-case basis.
IC 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 various
UDEQ/DERR Web pages to augment the public record.
IC 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 institutional controls.
IC Monitoring: The UDEQ/DERR actively manages VCP 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 provides information regarding institutional controls. The links also
provide additional information regarding contaminated sites in the state.
http://www.superfund.utah.gov/vcp.htm
https://enviro.dea.utah.gov/
https://dea.utah.gov/ProaramsServices/proarams/cercla/
voluntarvcleanup/index.htm
http://www.eaedocs.utah.aov/Default.aspx?SSName=DERR CERCLA EC
Other Land Programs
Underground Storage Tank (LUST) Program
http://www.underaroundtanks.utah.gov/
Methamphetamine Cleanup
https://dea.utah.gov/ProaramsServices/proarams/cercla/druacleanup/
index.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)
200 W. 17th Street
Cheyenne, WY 82002
http://dea.wvomina.aov/shwd/voluntarv-remediation-proaram/
Contacts:
VRP Program Manager
Jerry Breed
ierrv.breed@wvo.gov
307-777-5617
Brownfields/Orphan Sites Program Supervisor
Cindi Martinez
cindi.martinez@ wvo.gov
307-777-2948
Enacted in the 2000 session of the Wyoming Legislature, the Voluntary Remediation of Contaminated
Sites statute 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.wyoming.gov/shwd/brownfields-assistance/
PROGRAM DETAILS
Funding Source(s) for the Program:
Federal grants
Cost to enter VRP program or fees for
service: $550 application fee covers the
first 10 hours of oversight. Additional
oversight is billed at a rate of $55/hour.
Charges are invoiced monthly through
DEQ accounting. Fees collected do not
support the program.
Sites Enrolled in VRP: As of January
2017, a total 256 sites were entered in
the program; 112 sites were open; 6 sites
entered the program between January, 1
2016 and December 31, 2016; 14 sites have
been provided Brownfields Assistance.
Sites Completed under VRP: As of
January 2017,111 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://dea.wvomina.aov/shwd/brownfields-assistance/
Liability Relief Provisions
DEQ has three types of liability assurances: Covenants Not to Sue,
Certificates of Completion, and No Further Action letters.
http://dea.wvomina.gov/shwd/incentives/
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 on site; and
supplemental requirements.
Contaminants Covered
All contaminants are eligible in the program.
Institutional Controls (IC)
The program uses institutional controls.
IC Tracking: Conducted as part of remedy agreement performance
criteria; publicly available on Voluntary Remediation Program (VRP)
website.
IC Oversight: Conducted as part of remedy agreement performance
criteria.
IC Monitoring: Conducted as part of remedy agreement performance
criteria.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state, http://deg.wvoming.gov/shwd/voluntarv-
remediation-proaram/resources/site-lists-maps/
Other Solid and Hazardous Waste Division Programs
Agriculture Voluntary Investigation and Cleanup Program (AgVIC)
http://deg.wvoming.gov/shwd/storage-tank/
Hazardous Waste and Corrective Action
http://deg.wvoming.gov/shwd/hazardous-waste-permitting-corrective-
actions/
56
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ARIZONA CALIFORNIA HAWAII NEVADA
PACIFIC ISLANDS - GUAM AMERICAN SAMOA
Sunset, Northern
California Coast
REGION 9 PROGRAM HIGHLIGHTS
EPA Region 9 states have used Section 128(a)
Response Program funding to conduct
assessments on over 130 properties, clean
up 34 properties, create over 447 jobs, and
leverage nearly $2.5 million.
Many EPA Region 9 communities have
focused their brownfields redevelopment
on overlooked and underutilized properties
within the urban core that are ideal for high-
density infill development and transit-oriented
development (TOD).These projects provide
additional housing with easy access to jobs
and services (reduce greenhouse emissions
and stormwater runoff), increase property
values, inspire further revitalization and stabilize
communities by attracting new resources and a
greater diversity of income levels.
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ARIZONA
PROGRAM DETAILS
Voluntary Remediation Program/
Brownfields Assistance Program
Arizona Department of Environmental Quality (ADEQ)
Waste Programs Division
1110W.Washington Street
Phoenix, AZ 85007
Contacts:
Voluntary Remediation Program (VRP) Manager
Brian Stonebrink
Stonebrink.Brian@azdea.aov
602-771-4197
Brownfields Coordinator
Jennie E. Cure
iec@azdea.gov
602-771-2296
U
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. http://www.azdea.gov/VRP
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: In 2016,11 new sites were added to
the program. As of February 2017,56 sites are currently in the
program.
Sites Completed under VRP: In 2016,18 sites were completed
and as of February 2017,246 sites have completed cleanup and
have been closed 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, for a qualifying brownfield property. The program
is available to municipalities, prospective purchasers, and parties who
would not be found liable for any existing contamination at the property.
Information discovered during an investigation will be considered a public
record and will be made available for review at ADEQ.
http://www.azdea.gov/brownfields
Liability Relief Provisions
Prospective Purchaser Agreement (PPA). If the purchaser of the property
did not contribute to the contamination at the site, potential Water
Quality Assurance Revolving Fund (WQARF) and state Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) liability
may be avoided through a written agreement with ADEQ. Pursuant to
Arizona Revised Statutes (ARS) §49-285.01, ADEQ may enter into a PPA,
which provides a written release and covenant not to sue for any potential
WQARF liability for existing contamination, if certain statutory conditions
are met. http://www.azdea.gov/environ/waste/sps/liabilitv.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://legacv.azdeg.gov/environ/waste/
cleanup/download/bftoolbox.pdf
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.
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 (IC)
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.
IC 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.
IC Oversight and Monitoring:The program provides oversight, review,
reevaluation and monitoring of ICs.
The following Web address is a direct link to the state's public database
that maintains an inventory of sites, maps sites, and/or tracks institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state. http://www.azdeg.gov/databases/
deursearch.html
Other Voluntary Cleanup Programs
Underground Storage Tanks (UST) Program
http://www.azdeg.gov/UST
Hazardous Waste Program
http://www.azdeg.gov/prog rams/waste-programs/hazardous-waste-
management
Superfund Program
http://www.azdeg.gov/environ/waste/sps/index.html
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CALIFORNIA
Brownfields and Environmental Restoration Program
California Department of Toxic Substances Control (DTSC)
700 Heinz Avenue
Berkeley, CA 94710
http://www.dtsc.ca.gov/SiteC lea n u p/
Contacts:
MaryamTasnif Abassi
Marvam.Tasnif-Abbasi@dtsc.ca.gov
714-484-5489
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. http://www.dtsc.ca.aov/SiteCleanup/Brownfields
http://www.calepa.ca.aov/Brownfields/1 http://www.swrcb.ca.gov/water issues/programs/brownfields/
PROGRAM DETAILS
Funding Source(s) for the Program: State
Accounts and reimbursements, federal grants
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 January 2017,
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/
and http://www.geotracker.swrcb.ca.gov/
Sites Completed under VCP: As of January
2017, 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/proarams/arants 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) - 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/BrownfieldsVoluntarvProgram.cfm
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
brownfield sites to assist developers and local governments in estimating
the costs and extent of cleanup. DTSC 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 (AB422) requires DTSC and the Water Boards to evaluate the
potential for migration of chemicals into indoor air.
Contaminants Covered
DTSC generally regulates hazardous substances, consistent with the
federal definition. Petroleum releases from non-underground storage
tank releases may also be addressed. DTSC's SchoolsTeam also addresses
naturally-occurring chemicals. The Water Boards regulate hazardous
materials which include petroleum hydrocarbons.
Institutional Controls (IC)
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/
IC 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 data base. The state has a process outlined in
statute to remove a deed restriction if a site is remediated to unrestricted
use.
IC Oversight: DTSC is currently utilizing theTerradexTM 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.
IC 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.
Other Land Programs
Voluntary Cleanup Program
https://dtsc.ca.gov/SiteCleanup/Brownfields/BrownfieldsVoluntarvProgram.cfm
Underground Storage Tanks (UST) Program
http://www.waterboards.ca.gov/water issues/programs/ust/
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HAWAII
PROGRAM DETAILS
State Cleanup Program
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-
proaram
Contacts:
Steve Mow
Stephen.mow@doh.hawaii.aov
808-586-7574
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.
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.
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 January 2017, over 40
contaminated properties have been enrolled in the
VRP program. Today, there are a total of 10 active
VRP sites in the program.
Sites Completed under VRP: As of January 2017,
HDOH has issued over 25 Letters of Completion for
sites.
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 of458 active state sites
Sites Completed under State Program: Between
FY 2009 and FY 2013, a total of 173 state sites have
received NFA determinations.
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
The Hawaii Environmental Response Law, HRS 128D states that a
defendant may avoid liability where the real property on which the facility
concerned is located was acquired by the defendant after the disposal or
placement of the hazardous substance on, in, or at the facility, and either:
1) at the time the defendant acquired the facility the defendant did not
know and had no reason to know that any hazardous substance which is
the subject of the release or threatened release was disposed on, in, or at
the facility; 2) the defendant is a government entity which acquired the
facility through involuntary transfer or acquisition; or 3) the defendant
acquired the facility by inheritance or bequest.
The Hawaii Environmental Response Law was amended in 2009 to
add a definition for"bona fide prospective purchasers" consistent with
federal law and to limit liability for bona fide prospective purchasers who
knowingly purchase contaminated property.
Program Elements
Methods/Standards/Controls
Hawaii uses a compilation of Environmental Action Levels (EAL) prepared
by an in-house scientist. The EALs coverall environmental hazards, notjust
human health. The VRP requires that cancer risk level of 106 must be met
for a site to be considered clean, http://eha-web.doh.hawaii.gov/eha-cma/
documents/el el a0df-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 (IC)
IC allowed, primarily after active remediation has been conducted.
IC Tracking. Oversight, and Monitoring: Hawaii has an IC 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 IC 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 institutional controls. This link also provides additional
information regarding contaminated sites in the state. http://eha-web.
doh.hawaii.gov/eha-cma/Leaders/HEER/public-records
Other Voluntary Cleanup Programs
Underground Storage Tank (UST) Program
http://health.hawaii.gov/shwb/ustlust-data/
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NEVADA
Brownfields Program/Voluntary Cleanup Program (VCP)
Nevada Division of Environmental Protection (NDEP)
Bureau of Corrective Actions
901 S Stewart Street
Carson City, NV 89701
http://ndep.nv.gov/bca/
Contacts:
Brownfields Manager
David Friedman
dfriedman@ndep.nv.aov
775-687-9385
PROGRAM
PROGRAM DETAILS
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). Costs for
NDEP oversight and project management are billed
as incurred on an hourly rate basis.
Sites Enrolled in VCP: As of January 2017,0 site
enrolled in the program.
Sites Completed under VCP: As of January 2017,1
site had completed cleanup through the program.
Nevada's Section 128(a) Brownfields 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
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.aov/bca/brownfield state-arant.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.aov/bca/liability.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 QAPrP. http://ndep.nv.aov/bca/brownfield aa plan07.htm
Contaminants Covered
Asbestos, lead paint and polychlorinated biphenyls (PCBs) are all covered
underthe program. Petroleum is covered underthe program only if the
site does not qualify for reimbursement under the state's Petroleum Fund.
Institutional Controls (IC)
ICs are utilized in NDEP No Further Action letters.
IC Tracking. Oversight, and Monitoring: NDEP is currently developing
an IC 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 institutional
controls.This linkalso provides additional information regarding
contaminated sites in the state, http://ndep.nv.gov/bca/data.htm
Other Land Programs
Petroleum Program
http://n d e p. n v.g o v/bca/f u n d h o m e. h tm
Superfund Program
http://ndep.nv.gov/bca/spfdhome.htm
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AMERICAN SAMOA GUAM
Brownfields Response Program/American Samoa
Environmental Protection Agency (AS-EPA)
P.O. Box PPA, Utulei Office Building
Pago Pago, American Samoa 96799
http://www.epa.as.aov/
Contacts:
Brownfields Coordinator
loaneTomanogi
ioane.tomanoai@epa.as.aov
684-633-2304
PROGRAM DETAILS
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
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
Financial Elements
At this time, all program funding is provided by U.S. EPA 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 StorageTank/
Aboveground StorageTank, 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 (IC)
Institutional controls are determined on a case-by-case basis.
Other Land Programs
Hazardous Materials
http://www.epa.as.aov/hazardous-materials
Guam Environmental Protection Agency Green Parcel
Guam Environmental Protection Agency (Guam EPA)
P.O. Box 22439 GMF
Barrigada, GU 96913
http://epa.auam.gov/
Contacts:
Program Manager
Walter S. Leon Guerrero
walter.leonguerrero@epa.guam.gov
671-300-4751
PROGRAM DETAILS
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
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. http://epa.guam.gov/
programs/hazardous-waste/
Financial Elements
Assessment and Cleanup Funding
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 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.
Other Land Programs
Underground Storage Tank (UST) Program
http://epa.guam.gov/programs/hazardous-waste/
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NORTHERN MARIANA ISLANDS
Brownfields Program
Commonwealth of the Northern Mariana Islands (CNMI)
Bureau of Environmental and Coastal Quality (BECQ) -
Division of Environmental Quality (DEQ)
Site Assessment and Remediation Branch
PO Box 501304
Saipan, MP 96950
http://www.dea.gov.mp/
Contacts:
Brownfields Coordinator
Ray Masga
ravmasga@becq.gov.mp
670-664-8500
PROGRAM DETAILS
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
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 (USACE) with Formerly Used Defense Site activities. http://www.dea.aov.mp/sec.asp?seclD=8
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 and EPA
Brownfields Petroleum Assessments grant. Both funding sources
will be used for conducting Phase I and Phase II Environmental Site
Assessments (ESA).
Program Elements
Methods/Standards/Controls
CNMI DEQ prepared an Environmental Screening Levels (ESLs) document
in 2005 and is periodically updated; last update, June 2015. The CNMI
DEQ ESLs is modeled after the Hawaii Department of Health EALs and the
California Environmental Protection Agency ESLs. http://www.dea.aov.mp/
article.asp?seclD=8&artlD=133
Contaminants Covered
Hazardous substance (including explosives constituents) and petroleum
products.
Institutional Controls (IC)
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
institutional controls.This linkalso provides additional information
regarding contaminated sites in CNMI. http://www.dea.aov.mp/article.
asp?seclD=8&artlD=96
Other Voluntary Cleanup Programs
Pesticides and Storage Tanks Program
http://www.dea.gov.mp/sec.asp?seclD=7
Toxic Waste Management Program
http://www.dea.gov.mp/sec.asp?seclD=11
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EPA REGION 10
«' -v- V £ "¦ ' ' #'. ' l\ *» 2
ALASKA IDAHO OREGON * WASHINGTON
Brown Bear,
Denali National
Park, Alaska
REGION 10 PROGRAM HIGHLIGHTS
EPA Region 10 states have used Section
128(a) Response Program funding to conduct
assessments on over 321 properties, clean
up 38 properties, create over 650 jobs, and
leverage nearly $54.8 million.
In 2017, communities across the Northwest
and Alaska will receive $15 million from
EPA to help revitalize former industrial and
commercial sites, transforming them from
abandoned and blighted properties into
community assets.
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ALASKA
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.aov/spar/csp/brownfields.htm
Contacts:
Financial Elements
Assessment and Limited Cleanup Services
The CSP provides assessment or limited cleanup services to eligible
applicants through its DEC Brownfields Assessment and Cleanup (DBAC)
service, which targets eligible brownfields sites. The CSP also oversees
assessment and cleanup projects at state-owned sites using state funding
appropriated to DEC to reduce the state's pollution liability. However,
these appropriations are no longer sufficient to support this work, so DEC
is currently working with other state agencies to develop a new state-
owned contaminated site management process, http://dec.alaska.aov/
spar/csp/bf-dbac.htm
Liability Relief Provisions
The principal tool for providing liability relief is the Prospective
Purchaser Agreement (PPA). PPA's are negotiated for specific sites that
meet appropriate criteria, and where the existing site conditions were
investigated and cleanup requirements 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 DETAILS
Funding Source for the Program: Federal Funding.
Cost to Enter Program or Fees for Service: There are
no fees or cost recovery associated with brownfields
assistance on eligible projects, which can include both
assessment and cleanup services; however, DEC'S
Contaminated Sites Program, which includes the DEC
brownfields element, 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.
DEC'S Contaminated Sites Program Public Database:
As of March 2017,2,270 "Open" sites were listed on DEC'S
Contaminated Sites Database. An additional 8 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.
Closed Sites: As of March 2017,4,026 listed sites are
identified as having a status of'Cleanup Complete,"and
1,205 sites are listed with a status of'Cleanup Complete
with Institutional Controls."http://dec.alaska.aov/spar/
csp/db search.htm
Program Elements
Methods/Standards/Controls
Under DEC'S Division of Spill Prevention and Response (SPAR) Regulations
(Title 18 of the Alaska Administrative Code, Chapter 75,18 AAC 75), the
responsible party (RP) is required to report and conduct appropriate site
characterization and cleanup activities under the oversight of a DEC site
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.aov/spar/csp/rea rev.htm
Contaminants Covered
DEC has statutory authority overall 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 CSP 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 (IC)
DEC will, after consultation with each landowner of a site, determine
whether the use of an IC 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 IC 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 about 1,300 sites, of which approximately 209 are active sites where
the controls have been established to protect human health and the
environment during ongoing cleanup actions.
Environmental Program
Manager
Sally Schlichting
sallv.schlichtina@alaska.aov
907-465-5076
Environmental Program
Specialist
Christy Howard,
christv.howard@alaska.gov
907-465-5206
Environmental Program
Specialist
Lisa Griswold
lisa.ariswold@alaska.gov
907-269-2021
PROGRAM
The Alaska Department of Environmental Conservation's (DEC) Contaminated Sites Program
(CSP) brownfields staff have developed resources to assist tribes, Alaska Native Corporations,
city governments, and non-profit entities in identifying and assessing their brownfields sites.
65
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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.dea.idaho.gov/waste/proa issues.cfm
Voluntary Cleanup Program Manager
Derek Young
derek.vouna@deq.idaho.aov
208-373-0525
Contacts:
Brownfields Response Program Manager
EricTraynor
Eric.travnor@deq.idaho.aov
208-373-0565
PROGRAM
Idaho's Land Remediation Act, or VCP, is found in Idaho Code 39-7201 et seq., and DEQ's 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. In 2004, DEQ established its Brownfields
Revitalization and Environmental Site Response Program to facilitate the reuse of brownfield sites and works
to develop Web tools, authorities, and guidance aimed at improving the efficiency of all DEQ remediation
programs, http://www.dea.idaho.aov/waste-mamt-remediation/brownfields.aspx
PROGRAM DETAILS
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 thereafter.
If oversight costs exceed $2,500 and
the project isn't complete, another
$2,500 increment is requested.This
occurs until the project is completed.
There is no cost to participate in the
brownfields site assessment program
which is fully funded through the EPA
Section 128(a) grant program.
Sites Enrolled in VCP: As of March
2017,17 sites were participating in
the VCP.
Sites Completed under VCP: As of
March 2017,22 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). To date, 6 sites have received rebates. Four sites are still
implementing workplans.
Incentives
Voluntary Cleanup Program Tax IncentivesSites 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 who completed the cleanup 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
ofa hazardous substance or petroleum that isthe subject ofthe approved
voluntary remediation work plan. The CNTS extends to any current or future
owner or operator ofthe site or portion thereof who did not cause, aggravate
or contribute to the release or threatened release.
Environmental Insurance
Idaho's Petroleum Storage Tank Fund provides underground storage tank
(UST) site owners with environmental insurance of $1,000,000 per tank
for $100 per year, with a $10,000 deductible. This fund is under the Idaho
Department of Insurance and is not managed by the Idaho Department of
Environmental Quality.
Program Elements
Methods/Standards/Controls
Participants in DEQ remediation programs, including the VCP, 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://adm.idaho.aov/adminrules/rules/
idapa58/0124.pdf or cleaning to site-specific standards developed using DEQ's
Petroleum Risk Evaluation Manual and Software or another DEQ-approved risk
evaluation methodology.
Contaminants Covered
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 (and the
accompanying Guidance document).
Institutional Controls (IC)
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.
IC Tracking: Idaho tracks ICs and environmental covenants through internal
processes that are part ofthe agency's document management system and
posts a copy ofthe recorded covenant on theTerradex Facility Mapper that is
available here: http://52.26.7.130/idaho/
IC 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 linkto 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, www.deq.idaho.gov/waste-mgmt-remediation/brownfields.aspx
Other Land Programs
Underground Storage Tanks (UST) Program
www.deg.idaho.gov/waste/prog issues/ust lust/index.cfm
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OREGON
PROGRAM DETAILS
Brownfields Program / Voluntary Cleanup Program (VCP)
Oregon Department of Environmental Quality (ODEQ)
700 NE Multnomah St., Suite 600
Portland, OR 97232
http://www.oreaon.aov/dea/Hazards-and-Cleanup/env-cleanup/Paaes/default.aspx
Contacts:
Brownfields Coordinator
Gil Wistar
wistar.ail@deq.state.or.us
503-229-5512
PROGRAM
The Voluntary Cleanup Program (VCP) has two pathways: traditional Voluntary Cleanup and
Independent Cleanup Pathway (ICP). The Voluntary Cleanup Pathway provides ongoing project
support from an Oregon DEQ 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 DEQ oversight
costs, Prospective Purchaser Agreements (PPA), and public participation.
Funding Source(s) for the Program: Cost recovery from project
participants and federal grants. The intent of ODEQ oversight fees,
which amount to an average of about $190 per hour, is to support
program costs as fully as possible.
Cost to enter program or fees for service: No deposit for VCP
is required with Intent to Participate Form, but a $5,000 deposit
must be remitted when a VCP project manager is assigned. ICP
requires a $1,500 deposit. ODEQ typically waives the deposit
for pubic-sector VCP/ICP participants, and has the discretion to
revise deposit amounts for any participant. Once projects become
active, ODEQ charges VCP and ICP participants on an hourly basis
for project oversight. If project oversight costs exceed the deposit
amount, ODEQ initiates monthly invoicing. Conversely, ODEQ
refunds any portion of a VCP/ICP deposit not needed for a project.
PPA application requires $2,500 deposit to ODEQ to begin formal
negotiation of the agreement.
Sites Enrolled in VCP: As of January 2017,250 sites are active in
ODEQ's VCP.
Sites Completed under VCP: As of January 2017,1,149 sites
received NFA letters through the VCP.
PPAs: From 1996 through 2016, ODEQ issued 160 PPAs.
Financial Elements
Assessment and Cleanup Funding
A variety of grants and loans are available to assist with brownfields reuse projects.
U.S. EPA funded the Oregon Coalition Brownfields Cleanup Fund with over
$7 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 brown field sites. 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.
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 the highest priority qualifying dry cleaner sites.To manage
increasingly 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 (IC)
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 bean element in the Record of Decision, the
Consent Order, or other decision document. http://www.oreaon.aov/deq/Hazards-
and-Cleanup/env-cleanup/Paaes/iecontrols.aspx
IC Tracking: Properties with institutional controls remain on ODEQ's public
Environmental Cleanup Site Information (ECSI) database, Confirmed Release List,
and Inventory - as long as the institutional control remains in effect.
IC 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 IC (e.g., due diligence inquiries prior to
property transfers), but periodic review by ODEQ should be a part of the IC and
the selected remedy.
The following Web address is a direct link to the state's public database that
maintains an inventory of sites, maps sites, and/or tracks institutional controls. This
link also provides additional information regarding contaminated sites in the state.
http://www.oreaon.aov/deq/Hazards-and-Cleanup/env-cleanup/Paaes/ecsi.aspx
Other Voluntary Cleanup Programs
Tanks Program
http://www.oreaon.aov/deq/tanks/Paaes/default.aspx
Dry Cleaning Program
https://www.oreaon.aov/deq/Hazards-and-Cleanup/Paaes/Drv-Cleaner.aspx
Orphan Sites Program
https://www.oreaon.aov/deq/Hazards-and-Cleanup/env-cleanup/Paaes/lndustrial-
Orphan-Sites.aspx
Prospective Purchaser Agreement Program
http://www.oreaon.aov/deq/Hazards-and-Cleanup/env-cleanup/Paaes/
Prospective-Purchaser-Aareements.aspx
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WASHINGTON
Voluntary Cleanup
Program (VCP)
Department of Ecology
(Ecology)
P.O. Box 47600
Olympia, WA 98504-7600
Contacts:
Alan Bogner
a boa461 @ecv. wa .gov
360-407-7188
Ecology Brownfields
Program
Department of Ecology
(Ecology)
P.O. Box 47600
Olympia, WA 98504-7600
Contacts:
Alan Bogner
a boa461 @ecv.wa .gov
360-407-7188
Brownfields Revolving Loan
Fund
Department of Commerce
(Commerce)
P.O. Box 42525
Olympia, WA 98504-42525
Contacts:
Connie Rivera
connie.rivera@commerce.wa.gov
360 725-3088
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. 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. Washington State has a cooperative approach to brownfields cleanup and redevelopment, and the
state provides technical assistance, grants, and a revolving loan program, http://www.ecv.wa.aov/proarams/tcp/cleanup.html
and http://www.ecv.wa.aov/proarams/tcp/brownfields/brownfields hp.html
PROGRAM DETAILS
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 January 2017 2014,
4,637 total VCP sites.
Sites Completed under
VCP: As of January 2017,
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.aov/proarams/tcp/pavina4cu/pavina4cu.html
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.ecv.wa.aov/proarams/tcp/policies/pol main.html
Contaminants Covered
The program does not restrict on basis of contaminants.
Institutional Controls (IC)
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.
IC Tracking: ICs are tracked in the Integrated Site Information System
Web reporting database.
IC Oversight: When institutional controls are necessary, environmental
covenants are usually used to impose those controls on a parcel of real
property.
IC 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 institutional
controls: https://fo rtress. wa .a o v/ecv/a s p/. Th is link also provides
additional information regarding contaminated sites in the state:
http://www.ecy.wa.aov/proarams/tcp/sites brochure/SiteLists.htm
Other Land Programs
Underground Storage Tank (LUST) Program
http://www.ecv.wa.gov/proarams/tcp/ust-lust/tanks.html
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November 2017
EPA F-560-17-212
www.epa.gov/brownfields
United States
Environmental Protection
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