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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. What is VCRA?.

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Voluntary cleanup and redevelopment act

Voluntary Cleanup and Redevelopment Act

Jason Seyler

Montana Department of Environmental Quality (DEQ)


The voluntary cleanup and redevelopment act vcra

The Voluntary Cleanup And Redevelopment Act (VCRA)

§§ 75-10-730 to 738, MCA

http://deq.mt.gov/StateSuperfund/vcra.mcpx


What is vcra
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


Purpose of vcra
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.


Eligibility
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


Criteria
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


General vcp information
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


New two step process to vcra
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
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


Incentives
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


Vcra guide
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
Problematic Areas To Date

  • Inadequate Environmental Assessment - failure to look at entire site

  • Development of ERCLs package

  • Alternatives comparison

  • Determination of appropriate cleanup levels


Questions

Questions?

Jason Seyler

[email protected]

406-841-5071


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