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

2. The Voluntary Cleanup And Redevelopment Act (VCRA)
§§ to 738, MCA

3. 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 - § , MCA; 1989

4. 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.
§ (1)(a) & (b), MCA

5. 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
§ (1), MCA; Imminent and substantial endangerment = interpreted to mean above generic screening levels

6. 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
§ (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

7. 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 §§ to 738, MCA
The applicant shall reimburse DEQ for all oversight costs
Allows for phased or partial cleanup approach
§ , MCA; § (13) & (14), MCA - Not negligent etc.
No CLOSURE with payment of costs

8. 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

9. 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

10. 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.

11. 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?

12. VCRA Guide
To assist potential applicants in meeting the requirements of VCRA
Provides a format that meets VCRA requirements
Available online at:

13. 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.

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