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