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Voluntary Cleanup and Redevelopment Act

Learn about the Voluntary Cleanup and Redevelopment Act (VCRA) in Montana, which aims to protect public health and the environment by encouraging prompt cleanup and reducing administrative processes and costs. Find out about eligibility criteria, the two-step process, incentives, and how to apply.

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Voluntary Cleanup and Redevelopment Act

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  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

  10. 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

  11. 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

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

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

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