Mike Trombetta Montana Department of Environmental Quality.

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Presentation transcript:

Mike Trombetta Montana Department of Environmental Quality

VCRA - Voluntary Cleanup and Redevelopment Act Example of VCRA CALA - Controlled Allocation Liability Act Example of CALA Questions

Voluntary Cleanup and Redevelopment Act An avenue to navigate through the Montana Comprehensive Environmental Cleanup and Responsibility Act (CECRA) a.k.a. State Superfund

To delist a “listed” CECRA facility To receive a “no further action determination” (non-listed site) [prior to taking ownership] Fulfill EPA’s Cleanup grants requirements Other Incentives

Precludes enforcement More control (developer) Portion of facility / phases approach Streamlined (short review times) Less expensive Anyone can apply (prospective purchaser) Liability protection (DEQ Approval)

Not an NPL (Fed Superfund) site Not a Montana Hazardous Waste Act site Not under any order Sites be remediated within 5 years

1.Environmental Assessment Full description of facility Current and Past Operations Full Nature and Extent of Contamination (Phase 3) Complete Assessment of Current and Future Health Risk 2.Remediation Proposal Cleanup Levels Proposed Remedial Plan and Alternatives

Shelby Petroleum Refinery

Received TBA assistance from DEQ Awarded cleanup grant through EPA 2009 VCP approved Discovered additional contamination 2011 received $300,000 DNRC Reclamation and Development Grant (RDG) Continue excavation and complete VCP Example of VCRA & Brownfields Shelby Petroleum Refinery

Method for dividing costs amongst parties. Funding for the cleanup of an orphan’s share (“Orphan”= bankrupt, defunct, unknown, etc).

Advantages: Less time consuming than litigation Agreed upon liability Binding agreement Orphan share $$$ Disadvantages: Upfront time and resource Detailed process, legal negotiations, and information requests Lawyers are involved

CMC Bozeman Asbestos Facility

CALA Allocation Results 1% City (Lead) 79% Orphan Share 20% Divided amongst other liable parties. Completed VCP in 2002 and expanded VCP for additional properties in 2008.

CMC Bozeman Asbestos Facility

Mike Trombetta Hazardous Waste Site Cleanup Bureau MT DEQ PO Box Helena, MT (406) Nick Sovner Petroleum Brownfields Coordinator MT DEQ PO Box Helena, MT (406) Jason Seyler VCRA / CALA / Brownfields Coordinator MT DEQ PO Box Helena, MT Becky Holmes HW Brownfields Coordinator MT DEQ PO Box Helena, MT