1 / 18

Brownfields in Montana

Brownfields in Montana. Mike Trombetta Montana Department of Environmental Quality. Agenda. VCRA - Voluntary Cleanup and Redevelopment Act Example of VCRA CALA - Controlled Allocation Liability Act Example of CALA Questions. What is VCRA?. Voluntary Cleanup and Redevelopment Act

teige
Download Presentation

Brownfields in Montana

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Brownfields in Montana Mike Trombetta Montana Department of Environmental Quality

  2. Agenda • VCRA - Voluntary Cleanup and Redevelopment Act • Example of VCRA • CALA - Controlled Allocation Liability Act • Example of CALA • Questions

  3. What is VCRA? • Voluntary Cleanup and Redevelopment Act • An avenue to navigate through the Montana Comprehensive Environmental Cleanup and Responsibility Act (CECRA) a.k.a. State Superfund • http://deq.mt.gov/StateSuperfund/vcra.mcpx

  4. Why go through VCRA? • To delist a “listed” CECRA facility • To receive a “no further action determination” (non-listed site) • [prior to taking ownership] • Fulfill EPA’s Cleanup grants requirements • Other Incentives

  5. Incentives • Precludes enforcement • More control (developer) • Portion of facility / phases approach • Streamlined (short review times) • Less expensive • Anyone can apply (prospective purchaser) • Liability protection (DEQ Approval)

  6. VCRA Eligibility • Not an NPL (Fed Superfund) site • Not a Montana Hazardous Waste Act site • Not under any order • Sites be remediated within 5 years

  7. VCRA’s Two Step Process • Environmental Assessment • Full description of facility • Current and Past Operations • Full Nature and Extent of Contamination (Phase 3) • Complete Assessment of Current and Future Health Risk • Remediation Proposal • Cleanup Levels • Proposed Remedial Plan and Alternatives

  8. Example of VCRA & Brownfields Shelby Petroleum Refinery

  9. Example of VCRA & Brownfields • Shelby Petroleum Refinery • Received TBA assistance from DEQ • Awarded cleanup grant through EPA • 2009 VCP approved • Discovered additional contamination • 2011 received $300,000 DNRC Reclamation and Development Grant (RDG) • Continue excavation and complete VCP

  10. Example of VCRA & Brownfields • Shelby Petroleum Refinery

  11. What is CALA?

  12. Controlled Allocation Liability Act (CALA) • Method for dividing costs amongst parties. • Funding for the cleanup of an orphan’s share (“Orphan”= bankrupt, defunct, unknown, etc). http://deq.mt.gov/StateSuperfund/cala.mcpx

  13. Advantages: • Less time consuming than litigation • Agreed upon liability • Binding agreement • Orphan share $$$ • Disadvantages: • Upfront time and resource • Detailed process, legal negotiations, and information requests • Lawyers are involved

  14. Example of VCRA & CALA Examples of VCRA & CALA CMC Bozeman Asbestos Facility • CMC Bozeman Asbestos Facility

  15. Example of VCRA & CALA • CALA Allocation Results • 1% City (Lead) • 79% Orphan Share • 20% Divided amongst other liable parties. • Completed VCP in 2002 and expanded VCP for additional properties in 2008.

  16. Example of VCRA & CALA CMC Bozeman Asbestos Facility

  17. Example of VCRA & CALA CMC Bozeman Asbestos Facility

  18. Questions? Mike Trombetta Hazardous Waste Site Cleanup Bureau MT DEQ PO Box 200901 Helena, MT 59620 (406) 841-5045 mtrombetta@mt.gov • Becky Holmes • HW Brownfields Coordinator • MT DEQ • PO Box 200901 • Helena, MT 59620 • 406-444-2876 • rholmes@mt.gov • Jason Seyler • VCRA / CALA / Brownfields Coordinator • MT DEQ • PO Box 200901 • Helena, MT 59620 • 406-841-5071 • jseyler@mt.gov • Nick Sovner • Petroleum Brownfields Coordinator • MT DEQ • PO Box 200901 • Helena, MT 59620 • (406) 841-5053 • nsovner@mt.gov

More Related