Voluntary Cleanup and Redevelopment Act

Slides:



Advertisements
Similar presentations
Slide 6- 1 CERCLA Chapter 6 Comprehensive Environmental Response Compensation and Liability Act “CERCLA”
Advertisements

Environmental Protection Commission Overview Vision: Environmental Excellence in a Changing World.
Brownfields Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of.
Introduction to Brownfields New Partners for Community Revitalization, Inc. June 29, 2009.
THE BRAC PROCESS – Not Your Usual Brownfields Redevelopment Mary K. Ryan.
GASB 49 –Accounting & Financial Reporting for Pollution Remediation Obligations An Overview.
Resource Conservation and Recovery Act Authorizes EPA to identify hazardous wastes and regulate their generation, transportation, treatment, storage and.
Managing Hazardous Solid Waste and Waste Sites
Facility Lead Corrective Action Approaches Voluntary Agreements RCRA National Meeting August 13, 2003 Jennifer Shoemaker EPA Region 3.
Voluntary Action Program – A Primer Amy Yersavich State and Federal Resources to Redevelop Blighted Properties Lake County November 12, 2010.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Environmental Liabilities New Risks and Solutions Cynthia J. Bishop Gardere Wynne Sewell, LLP Dallas, Texas A&WMA Annual Conference June.
N EW Y ORK S TATE D EPARTMENT OF E NVIRONMENTAL C ONSERVATION Governor’s Budget Bill Proposals for the Brownfield Cleanup, State Superfund and Environmental.
 Site Assessment and Mitigation Program Department of Environmental Health – County of San Diego.
REVITALIZING CONTAMINATED LANDS: ADDRESSING LIABILITY CONCERNS Susan Kunst Boushell EPA’s Office of Site Remediation Enforcement March 25, 2015.
Mike Trombetta Montana Department of Environmental Quality.
7 TH ANNUAL GEORGIA ENVIRONMENTAL CONFERENCE AUGUST 22-24, 2012 GEORGIA’S VOLUNTARY REMEDIATION PROGRAM – THE THIRD YEAR presented by DOUG CLOUD M2C2LAW.
Brownfield Grants 101 Jason Seyler VCRA / CALA / Brownfields Coordinator Department of Environmental Quality Remediation Division P.O. Box Helena,
Act 381 Amendments John V. Byl and Richard A. Barr February 5 and 6, 2008.
Connecticut Remediation Programs Elsie Patton Connecticut Department of Environmental Protection.
Brownfields Redevelopment in Indiana… Partnerships That Make A Difference! Indiana’s Brownfields Program Indy Brownfields Forum April 14, 2005 Andrea Robertson.
1 P.L Small Business Liability Relief and Brownfields Revitalization Act of January 11, 2002 U. S EPA, Region 5 Deborah Orr May 2010 Laidlaw,
Environmental Health Unit: Lesson 1 - Introduction Objective: TSWBAT identify issues of how the environment affects our personal health on a daily basis.
Upper Blackfoot Mining Complex
Managing HAZMAT Liability in Easement Acquisitions Gary Fremerman NRCS Easement Programs Division Workshop Denver, Colorado October 31, 2006.
Final Rule Setting Federal Standards for Conducting All Appropriate Inquiries U.S. EPA Brownfields Program.
Do It Right or Pay the Price! AAI Property Transfer Environmental Assessments.
Regulatory Controls PBT Strategy Team Great Lakes Regional Collaboration February 22, 2005.
All Appropriate Inquiry International Right of Way Association Appraisal Institute Federal Agency Update, January 15, 2009 Presented by Richard A. Maloy,
 Nuisance.  Person liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property.
Assessing the Public Health Impacts of Contaminated Sites Rick Kreutzer, M.D. California Department of Health Services.
TURNING LANDFILLS INTO BROWNFIELD REDEVELOPMENT Martin Shelton Weissman, Nowack, Curry & Wilco
Overview of the Land Recycling Program (Voluntary Cleanup Program)
Module 1: Introduction to the Superfund Program. 2 Module Objectives q Explain the legislative history of Superfund q Describe the relationship between.
Italy: developments in the new legislation and progress in the remediation of contaminated sites F. Quercia, APAT Tour de Table NATO CCMS Pilot Study Meeting.
Legal Liability Regarding the BoRit Asbestos Superfund Site Community Advisory Group Meeting dated March 3, 2010 Presenters Timothy J. Bergere, Partner,
Bona Fide Prospective Purchaser – How to be a BFPP Linda C. Martin and Michael C. Wofford Doerner, Saunders, Daniel & Anderson, L.L.P.
Managing Potential Liability under Chapter 21E Lucas Rogers, Esq., MassDEP 1.
CERCLA SAFE 210. History  Enacted in 1980  Focused on abandoned disposal sites/inactive hazardous waste sites and spills/discharges into the environment.
Corrective Action Program: Working with Your Local Agency to Solve Local Problems James Clay County of San Diego Department of Environmental Health Site.
LEGAL LIABILITY FRAMEWORK Liability for environmental cleanup of contaminated properties under both CERCLA or MTCA falls on: 1. Current owners and operators.
© 2005 Powell Goldstein LLP. All rights reserved. Practical Pointers for Using EPA’s Audit Policy Matthew Mattila
Reclamation of Abandoned Mine Lands: EPA Perspective.
PROTECTIVE ACTIONS AND REENTRY. Protective Actions Promptly and effectively implemented or recommended for implementation to minimize the consequences.
EPA P-1 Corrective Action Streamlined Consent Orders Bob Greaves Region 3 Deb Goldblum Region 3 Tom Krueger Region 5.
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Pete Doorn Special Remediation Branch Superfund Section Division of Waste Management
1 The Brownfields Grant Program and Opportunities for Revitalization of RCRA Sites Linda Garczynski, Director Office of Brownfields Cleanup and Redevelopment.
Financing for Small Cities, Rural Communities and Tribes Brownfields 2003: Growing A Greener America October 28, 2003.
Environmental Site Assessments Hazardous Materials/ Regulated Substances Categorical Exclusion Training Class.
November Final Rule Setting Federal Standards for All Appropriate Inquiries Patricia Overmeyer EPA Office of Brownfield Cleanup and Redevelopment.
The Dalles, Industrial Certification Northwest Aluminum Company The Dalles, Oregon Douglas C. MacCourt Ater Wynne LLP US German Bilateral Working.
The City of Rochester New York Environmental Institutional Control System Prepared By: Mark Gregor City of Rochester, New York Division of Environmental.
An Introduction to the Voluntary Cleanup Program Texas Commission on Environmental Quality Environmental Trade Fair & Conference May 3, 2016 Gene Muller,
Structuring Deals and Allocating Liability: When the Responsible Party Won’t Take Responsibility The Greenfield Tap and Die Project, Greenfield, Massachusetts.
EPA P-1 The CERCLA Law and Policy of “Involuntary” and Eminent Domain Acquisitions Brownfields 2006 November 15, 2006.
Redeveloping Environmentally Challenged Property: Taking RCRA Corrective Action Sites and Creating Economic and Environmental Opportunities Todd Fracassi,
Brownfields and HAZWOPER – the Nuts and Bolts Sven J. Rundman III OSHA Office of Health Enforcement Washington, DC 2006 Brownfields Conference November.
Brownfields 101: Liability EPA Brownfields 2006 Conference November 12, 2006 Barbara Kessner Landau, Esq. Bernstein, Cushner & Kimmell, P.C.
Overview of Part 213 Amendments Senate Bill 717 – Act 381 of 2016
THE SUPERFUND PROCESS Assessment and Listing
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
By: Norman A. Dupont, Esq. Ring Bender LLLP
Indiana Brownfields Program Financial and Legal Assistance
Liability Under CERCLA
Department of Environmental Quality
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund) Kelly Chen Period 1 4/22/11.
Christopher Black, RCRA CA PM November 18, 2014
Department of Environmental Quality
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Purpose To address the hazards to human health and the environment presented.
P.L Small Business Liability Relief and Brownfields Revitalization Act of January 11, 2002 U. S EPA, Region 5 Deborah Orr April 2010 Laidlaw,
Presentation transcript:

Voluntary Cleanup and Redevelopment Act Jason Seyler Montana Department of Environmental Quality (DEQ)

The Voluntary Cleanup And Redevelopment Act (VCRA) §§ 75-10-730 to 738, MCA http://deq.mt.gov/StateSuperfund/vcra.mcpx

4/21/2017 What is VCRA? Part of the Montana Comprehensive Environmental Cleanup and Responsibility Act (CECRA) a.k.a. State Superfund Adopted in 1995 and recently modified by the 2009 Legislature Explain what CECRA is - § 75-10-701-752, MCA; 1989

4/21/2017 Purpose of VCRA To protect public health, welfare, and safety and the environment To encourage prompt cleanup Eliminate impediments to sale or redevelopment Minimize administrative processes and costs. § 75-10-731(1)(a) & (b), MCA

4/21/2017 Eligibility A facility with a release or threatened release of a hazardous or deleterious substance that may present an imminent and substantial endangerment to public health, safety, or welfare or the environment § 75-10-732(1), MCA; Imminent and substantial endangerment = interpreted to mean above generic screening levels

Criteria Not an NPL site Not under CECRA order or consent decree 4/21/2017 Criteria Not an NPL site Not under CECRA order or consent decree Not under any agency order or court action addressing the release Not regulated under the Montana Hazardous Waste Act and its regulations Not under notice of pending order negotiations Can be remediated with 60 months § 75-10-732(1) & (3), MCA; VCRA Facilities: remediated within 60 months; soil only for sites with extensive gw contamination; facilities not being addressed formally by DEQ; facilities that require site-specific risk-analysis (do not meet generic screening levels); facilities that require or required cleanup

General VCP Information 4/21/2017 General VCP Information Anyone can submit a VCP – liability protection for those not otherwise liable if they materially comply with the VCP Prepared by a qualified environmental professional Include all requirements per §§ 75-10-730 to 738, MCA The applicant shall reimburse DEQ for all oversight costs Allows for phased or partial cleanup approach § 75-10-733, MCA; § 75-10-736(13) & (14), MCA - Not negligent etc. No CLOSURE with payment of costs

New Two Step Process to VCRA Environmental Assessment Current and Past Operations Full Nature and Extent of Contamination Complete Assessment of Current and Future Risk Remediation Proposal Screening and Cleanup Levels Either Generic or Site-Specific Proposed Remedial Plan and Alternatives

VCRA Scenarios Environmental Assessment (EA) shows everything is below generic screening levels No need to submit an RP VCP EA shows contamination above generic screening levels Cleanup or site specific risk assessment performed Submit No Further Action RP VCP Submit an RP VCP Perform cleanup

Guide explains in detail how to address no further action in a VCP; 4/21/2017 Guide explains in detail how to address no further action in a VCP; Restrictive covenant example included in Attachment F of Guide.

Incentives Precludes enforcement action/Initiates the process 4/21/2017 Incentives Precludes enforcement action/Initiates the process Any person can apply, including prospective purchasers Liability protection Can apply for a portion of the facility or for phases of remediation Streamlined process with short review times More control over development of plan Less expensive to develop plan Specific closure provisions with opportunity for DEQ involvement, closure letter and delisting Why would anyone want to do this?

VCRA Guide To assist potential applicants in meeting the requirements of VCRA Provides a format that meets VCRA requirements Available online at: http://deq.mt.gov/StateSuperfund/vcraguide.mcpx

Problematic Areas To Date 4/21/2017 Problematic Areas To Date Inadequate Environmental Assessment - failure to look at entire site Development of ERCLs package Alternatives comparison Determination of appropriate cleanup levels Examples of first two provided in Guide Discussion with DEQ prior to submittal helps. Some have been approved as proposed.

Jason Seyler jseyler@mt.gov 406-841-5071 Questions? Jason Seyler jseyler@mt.gov 406-841-5071