Voluntary Cleanup and Redevelopment Act

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

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

3. 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

4. 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.

5. 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

6. 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

7. 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

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 • EA shows contamination above generic screening levels • Submit an RP VCP • Perform cleanup

11. 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

12. 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

13. Problematic Areas To Date • Inadequate Environmental Assessment - failure to look at entire site • Development of ERCLs package • Alternatives comparison • Determination of appropriate cleanup levels

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