**Alabama**

> **General Information**
>
> **Contact:** Larry Norris, Chief\
> Redevelopment Section
>
> Brownfields Redevelopment and Voluntary Cleanup Program (VCP)
>
> Alabama Land Recycling Revolving Loan Fund Program
>
> **Address:** Alabama Department of\
> Environmental Protection (ADEM)\
> P. O. Box 301463\
> Montgomery, AL 36130-1463
>
> **Phone:** 334 279 3053
>
> **Fax:** 334 279 3050
>
> **Email:** lan@adem.state.al.us
>
> **Web site:**
> *http://www.adem.state.al.us/LandDivision/LandDivisionPP.htm*

***Program Description (VCP, brownfields, or related)***

**Brownfields definition:** Abandoned, idled, or underused industrial
and commercial properties where expansion or redevelopment is
complicated by real or perceived contamination.

**Program titles:** Brownfields Redevelopment and Voluntary Cleanup
Program (VCP)

**Liability relief provisions:** Program incentives include letters of
concurrence providing limited liability protection for owners and
operators and broad liability protection for prospective purchasers,
lenders, and clean-hands parties after the receipt and review of a
compliance certification.

**Financial incentives (grants, loans, tax provisions, etc.):**\
Industrial grants of up to \$375,000 can be adapted for brownfields
purposes; EPA-capitalized Brownfields Revolving Loan Fund (RLF) targeted
to counties and municipalities.

**Legislative or program site eligibility requirements:**\
Sites eligible for voluntary cleanup are also eligible for the
brownfields program.

• The property must not be listed on the federal National Priorities
List (NPL) pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).

• The property must not be currently undergoing response activities
required by an order of ADEM.

• The property must not be currently undergoing response activities
required by an order of EPA issued pursuant to the provisions of CERCLA.

• The property must not be a Resource Conservation and Recovery Act
(RCRA) hazardous waste treatment, storage, or disposal facility subject
to the permitting requirements of Alabama Administrative Code R.
335--14--8--.01 through 335--14--8--.08.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):**

• Industrial grants up to \$375,000 can be adapted for brownfield
purposes.

• EPA-capitalized Brownfields Cleanup RLF targeted to counties and
municipalities became effective in November 2004.

**Tax incentives (abatements, credits, etc.):** Tax credits and
incentives are available, including the environmental cleanup deduction
which allows businesses to deduct the qualified cleanup cost of
hazardous substances in certain areas (brownfields) in the tax year the
business pays or insures the cost.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **The Alabama Land Recycling and
Economic Development Act, §22--30E--I et seq., passed in 2001,
authorized long-term stewardship, voluntary cleanups, and brownfields.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** No formal Risk-Based Corrective Action
(RBCA) or comparable/informal process in place; state uses EPA's Soil
Screening Levels using Dilution Attenuation Factor (DAF) of 1,
background, or EPA's Risk-Based Concentrations table, using the
residential numbers for soil and below Maximum Contaminant Levels (MCLs)
for ground water, at sites not using institutional controls.

**Contaminants covered/excluded:** Petroleum, asbestos, lead paint, and
polychlorinated biphenyls (PCBs) are covered.

**Use of long-term stewardship and institutional controls
(IC):** Alabama has a long-term stewardship program for its state
voluntary, brownfields, and RCRA sites.

> **IC Tracking:** A database that will track institutional controls at
> cleanup sites is under development as part of the voluntary and
> brownfields programs and will be adapted to other programs.
>
> **IC Oversight and Monitoring:** Sites using institutional controls
> are addressed through a site-specific risk assessment and must have a
> longer term enabling mechanism (such as a permit or order) defined in
> the settlement agreement to ensure that institutional controls are
> maintained.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **No

**Costs to enter program or fees for service: **The state's
participation is funded through fees and reimbursement of oversight
costs.

**Funding source for administrative costs and staff:** Funding for staff
and administrative costs for the voluntary cleanup program comes from
federal cooperative agreements (95%), and the ADERTFA and the Alabama
Land Recycling and Economic Redevelopment Act (ALRERA) fees. Funding for
long-term stewardship programs is not tracked separately from other
cleanup funding. Approximately 20 employees have long-term stewardship
work as part of their designated duties.

***Cleanup Activities***

**Sites currently in VCP: **Currently, 64 companies are responsible for
the assessment and possible remediation of 64 sites under the voluntary
cleanup program.

**Sites completed under VCP: **45 companies have completed assessment
and remediation activities on 200 sites.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** Two sites are currently in use for public activities and eight
sites are projected to be used for public activities in post-cleanup
scenarios.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.):** The state is required to provide public notice and to receive
public comment for voluntary and brownfields sites. Once a voluntary
cleanup plan is complete, the state must notify the public through the
newspaper and mailings.

**Public participation activities (hearing, meetings, etc.):**\
The state may hold hearings in response to legitimate requests or at the
discretion of ADEM whenever such a hearing may clarify one or more
issues concerning a voluntary cleanup plan. ADEM is required to provide
public notice of hearings at least 30 days before they occur.

***Statutory Authorities***

The Code of Alabama §22--30A--1 et seq., (1988) provides general
authority for voluntary cleanups.

• The *Alabama Land Recycling and Economic Redevelopment Act,*
§22--30E--1 et seq., passed in 2001, authorizes long-term stewardship,
voluntary cleanups, and brownfields.

**Florida**

> **General Information**
>
> **Contact:** Kim Walker, Brownfields Liaison
>
> **Address:** Florida Department of Environmental\
> Protection (DEP)\
> 2600 Blair Stone Road\
> Tallahassee, FL 32399-2400
>
> **Phone:** 850 245 8934
>
> **Fax:** 850 245 8976
>
> **Email:** kim.walker@dep.state.fl.us
>
> **Web site:**
> *http://www.dep.state.fl.us/waste/categories/brownfields/default.htm*

(Brownfields Redevelopment Program)

*http://www.dep.state.fl.us/waste/categories/brownfields/pages/ICR.htm*

(Institutional Controls Registry)

***Program Description (VCP, brownfields, or related)***

**Brownfields definitions:** 

Brownfield Site: means real property, the expansion, redevelopment, or
reuse of which may be complicated by actual or perceived environmental
contamination. (376.79 (3), Florida Statutes)

Brownfield Area: means a contiguous area of one or more brownfield
sites, some of which may not be contaminated, and which has been
designated by a local government by resolution. Such areas may include
all or portions of community redevelopment areas, enterprise zones,
empowerment zones, other designated economically deprived communities
and areas, and Environmental Protection Agency-designated pilot projects
(376.79(4), Florida Statutes). Note: In order to receive program
benefits under the state Brownfields Redevelopment Program, a brownfield
site must be located in a brownfield area.

**Program titles:** Brownfields Redevelopment Program

**Liability relief provisions:** Under the Brownfields Redevelopment
Program (1997; amended 1998, 2000, 2004, 2005, and 2006) non-responsible
parties and certain responsible parties may receive liability protection
from state and third party claims. Liability protection is provided for
lenders and nonprofit organizations that agree to clean up sites. State
issues a Site Rehabilitation Completion Order (SRCO).

**Financial incentives (grants, loans, tax provisions, etc.):**

• Up to \$2,500 tax credit "brownfields bonus" per job created in a
designated brownfields area for certain types of businesses.

• Loan guarantee program.

• Expedited permitting process.

• Sales tax credit on building materials used for the construction of
certain redevelopment projects located in brownfield areas.

• Voluntary Cleanup Tax Credit (corporate income) of 50% on annual
voluntary cleanup costs incurred, up to \$500,000 in tax credits per
year.

• Enterprise Zone program.

• Local option sales surtax exemptions for sales made in urban
infill/redevelopment areas.

**Legislative or program site eligibility requirements:** All sites are
eligible to conduct voluntary cleanup, unless the site is on the
National Priorities List (NPL) under the federal Superfund Law. For the
Brownfields Redevelopment Program, any person that has not caused or
contributed to the contamination of a brownfield site on or after July
1, 1997, is eligible to participate in the brownfield program. Sites
that are on the NPL under the federal Superfund Law are not eligible to
participate in the Florida Brownfields Redevelopment Program without EPA
approval. Voluntary cleanup tax credit incentives are only available to
sites that enter the Brownfields Redevelopment Program and certain sites
in the Florida dry cleaning program that enter into a voluntary cleanup
agreement.

There are no incentives for sites that enter voluntary cleanup outside
of the brownfields or dry cleaning programs.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): **Funding available for voluntary cleanup
and brownfields projects includes:

• DEP receives funding for its state response program (SRP) from EPA. A
portion of these funds are used to fund site-specific assessments and
limited cleanup of source areas for eligible applicants. Sites that
receive these services are also encouraged to participate in the state
Brownfields Redevelopment Program.

• Loan guarantee program provides limited guarantees for up to five
years for primary lenders financing redevelopment projects in brownfield
areas.

• Petroleum stations and dry cleaning establishments are eligible for
participation in the Brownfields Redevelopment Program.

**Tax incentives (abatements, credits, etc.):**

• State sales tax credit on building materials (purchased on or after
July 1, 2000) used for the construction of a redevelopment project
(e.g., housing or mixed-use project) located in urban high crime area,
enterprise and empowerment zones, Front Porch Communities, and
designated brownfields or urban infill area.

• Up to \$2,500 tax credit "brownfields bonus" per job created in
brownfield areas for certain businesses. Legislature modified the
"brownfields bonus" in 2002, making it available to companies that
create jobs at any site within a designated brownfields area. Company
now qualifies for a tax refund of at least 20% of the average wage of
the jobs created, provided that they provide benefits to their
employees, make a capital investment of at least \$2,000,000, and create
at least 10 jobs. Companies in certain targeted industry categories that
create at least 10 jobs automatically are eligible for the maximum award
of \$2,500 per job, regardless of the amount of capital investment.

• Tax credit (corporate income) of 50% on voluntary cleanup activity
that is essential to site rehabilitation, with a maximum of \$500,000 in
tax credits, per site per year. The annual tax credit allocation is
\$2,000,000. The Voluntary Cleanup Tax Credit program issued a total of
\$7.4 million in tax credits since inception of the program in 1998.

• Enterprise Zone program provides a variety of incentives in
cooperation with local governments to encourage economic growth and
investment in zones: job creation tax credits, enterprise zone property
tax credits, building material sales tax refund, business equipment
sales tax refund, and electrical energy sales tax exemption.

• Local option sales surtax exemptions are available for sales made in
urban infill and redevelopment areas.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):** No information available

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Cleanup criteria for all sites in
Florida are essentially the same. For historical reasons, there are some
minor differences between the four cleanup rules that manage
brownfields, petroleum, dry cleaning, and all other contaminated sites,
respectively. The criteria are based on: risk assessment; background
levels, water quality criteria, Maximum Contamination Level/Maximum
Contaminant Level Goals (MCLs/MCLGs); ground water standards;
chemical-specific health-based standards; land use considerations;
nuisance, organoleptic, and aesthetic standards. Land use assumptions
are based on local planning board determinations, current and projected
use, and individual site characteristics. Numerical risk goals are set
at 10 -6 for carcinogens and a Hazard Index of 1 for non-carcinogens.

• A Risk-Based Corrective Action (RBCA)-type of process is in place that
establishes default levels for residential and commercial/industrial
scenarios and provides greater flexibility in achieving cleanup target
levels by the use of institutional and engineering controls.

**Contaminants covered/excluded:** All contaminants are accepted
including petroleum and polychlorinated biphenyls (PCBs). Asbestos and
lead paint are accepted conditionally.

**Use of long-term stewardship and institutional controls
(IC):** Institutional controls are key to a RBCA approach and are
allowed in all cleanup program areas. The property owner must agree to
the use of an institutional control such as a deed restriction or
restrictive covenant on the property. DEP cannot compel their use.

**IC Tracking:** The state maintains a tracking system that tracks the
use of institutional controls at sites. It is available online for
public users.

**IC Oversight and Monitoring:** Policy is under development for
reviewing sites where institutional controls have been implemented.

***Management & Implementation Elements***

**Brownfields Redevelopment Program MOA with EPA:**\
First agreement in December 1999; Revised agreement in October 2005
includes RCRA sites.

**Costs to enter program or fee for service:** There is no fee to enter
the Florida Brownfields Redevelopment Program. Sites that enter the
program and that choose to apply for the annual Voluntary Cleanup Tax
Credit must submit a \$250 fee with each annual tax credit application.

There is no fee for sites that choose to conduct voluntary cleanup
outside the Brownfields Redevelopment Program.

**Funding source for administrative costs and staff**: Funding for the
Brownfields Redevelopment Program and brownfields staff comes from the
state general fund. There is a brownfields coordinator in each of the
six DEP district offices. The brownfields coordinators oversee voluntary
cleanup of brownfields sites. Funding for long-term stewardship is not
allocated separately from other cleanup funds. Approximately one
full-time equivalent (FTE) is designated for long-term stewardship.
Sites that enter into voluntary cleanup outside the Brownfields
Redevelopment Program are managed by other DEP staff. These staff are
also funded by the state general fund.

***Cleanup Activities***

**Sites in the Florida Brownfields Redevelopment Program: **As of
February 2008, 114 sites have voluntarily entered into brownfield site
rehabilitation agreements with DEP.

**Sites completed under the Brownfields Redevelopment
Program: **Currently, 20 sites have been issued final Site
Rehabilitation Completion Orders (SRCOs) from DEP since the start of the
program.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** Cumulative totals for new job creation and capital investment
attributable to the brownfields program from its start until December
31, 2007: 8,595 new direct jobs; 7,264 new indirect jobs; \$883,713,993
of capital investment in designated areas.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **The *Brownfields Redevelopment Act* requires public notice of
certain agency decisions and provides for public comment.

**Public participation activities (hearing, meetings, etc.):** The
*Brownfields Redevelopment Act* includes specific public participation
requirements such as public hearings and meetings.

***Statutory Authorities***

The *Pollutant Discharge Prevention and Removal Act,* Fla. Stat.
§§376.30 through 376.86, authorizes voluntary cleanups, long-term
stewardship, and brownfields. Sections 376.77 through 376.86, the
*Brownfields Redevelopment Act*, establish the state's brownfields
program, eligibility criteria, and the process by which an area may be
designated a brownfield. It also provides for institutional controls and
voluntary cleanups.

**Georgia**

> **General Information**
>
> **Contact:** Madeleine Kellam\
> Brownfields Coordinator
>
> **Address:** Georgia Department of Natural Resources\
> (DNR)\
> Hazardous Waste Management Branch\
> 2 Martin Luther King Jr. Drive SE\
> Suite 1154 East Tower\
> Atlanta, GA 30334
>
> **Phone:** 404 656 7802
>
> **Fax:** 404 651 9425
>
> **Email:** Madeleine_Kellam@dnr.state.ga.us
>
> **Web site:** *http://www.gaepd.org/Documents/brownfields.html*

***Program Description (VCP, brownfields, or related)***

**Brownfields definition:** Not defined in the statute, although
eligibility criteria are outlined. The state provides a formal mechanism
for oversight of voluntary cleanups. Two tracks are used, one for sites
listed on the state Superfund list, the Hazardous Site Inventory (HSI),
and one for contaminated sites that are not listed. Brownfields
designation is made upon request of program applicant for cleanup cost
certification.

**Program titles:** Hazardous Waste Management Branch, Environmental
Protection Division, Georgia Department of Natural Resources:

**•** Brownfields Redevelopment Program (oversees non-listed site
cleanups)

• Hazardous Site Response Program (oversees HSI-listed site cleanups)

**Liability relief provisions:** The *Hazardous Site Reuse and
Redevelopment Act* (Brownfields Act) (OCGA §12-8-200, as amended)
provides limited liability relief for prospective purchasers of
contaminated property who voluntarily agree to remediate soil and source
material to promulgated risk reduction standards. Qualified prospective
purchasers, upon approval of the prospective purchaser corrective action
plan or state concurrence with the certification of compliance described
in the Brownfields Act, whichever first occurs, are not liable to the
state or any third party for costs incurred in the remediation of,
equitable relief relating to, or damages resultant from preexisting
releases, and are not required to certify compliance with risk reduction
standards for ground water, perform corrective action, or otherwise be
liable for any preexisting releases to ground water associated with the
qualifying property.

**Financial incentives (grants, loans, tax provisions, etc.): **Tax
abatement provisions are available for recovery of certified cleanup
costs at qualifying properties.

**Legislative or program site eligibility requirements:** Eligibility
requirements pertain to both properties and prospective purchasers of
properties. In order to qualify: the property must have a preexisting
release; any lien filed against the property under the state Superfund
statute must be satisfied, and the property must not be listed on the
federal National Priorities List (NPL); it must be currently undergoing
response activities required by an EPA order; or it must be a hazardous
waste facility. Responsible parties and their affiliates are ineligible
for the program.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): **No monetary grants or loans are provided
for under the program; however, a limited amount of direct assistance,
in the form of Targeted Brownfields Assessment, is provided to eligible
entities subject to state criteria and available from Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) 128(a)
State and Tribal Response Program Grant funds (Response Program Grant).

**Tax incentives (abatements, credits, etc.): **Article 1 of Chapter 5
of Title 48 of the Official Code of Georgia was amended in 2003 to
provide for preferential assessment of environmentally contaminated
property that has entered the Brownfields Program. The preferential
assessment freezes the ad valorem value of the property for the first of
a period of ten years, or until the certified cleanup costs have been
recovered through tax savings.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **No information available

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Risk reduction standards promulgated
under the *Georgia Hazardous Site Response Act* (the state Superfund
statute) are used to determine compliance with cleanup requirements
under the Brownfields Program. These risk-based standards provide four
options for cleanup, all of which are designed to protect human health
and prevent degradation of ground water quality: standardized
residential; site-specific residential; standardized non-residential;
and site-specific non-residential. For sites where these four standards
cannot be applied, a fifth option provides for control measures
(institutional controls, engineering controls, and or monitoring, as
appropriate) to be maintained.

**Contaminants covered/excluded:** On-site releases of petroleum and
hazardous substances are covered.

**Use of long-term stewardship and institutional controls
(IC):** Georgia has promulgated institutional controls provisions for
brownfield sites that are on the state Superfund list and that have not
certified compliance with a residential risk reduction standard for soil
and ground water.

> **IC Tracking:** For non-listed brownfields properties (which do not
> have such regulatory requirements) Georgia uses Response Program Grant
> funding to inspect, monitor, and track institutional controls. A
> database to capture all institutional controls has been developed
> under the Response Program Grant. Georgia's brownfields statute
> contains provisions for revocation of the limitation of liability for
> failure to conduct approved cleanups or failure to abide by land-use
> controls embodied in the certification of compliance with risk
> reduction standards.
>
> **IC Oversight:** Oversight and technical review is provided by
> environmental engineers and geologists under both the Brownfields and
> Hazardous Site Response Programs.
>
> **IC Monitoring:** Monitoring is required when dictated by statute,
> (i.e. at HSI-listed sites and at sites that rely on long-term
> stewardship/institutional controls).

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **No

**Costs to enter program or fees for service:** A non-refundable \$3,000
application review fee is required to participate in the program.
Additional fees may be invoiced if the review costs exceed the initial
fee. These fees are deposited in the state's general treasury.

**Funding source for administrative costs and staff:** Funding for staff
and administrative costs for both the listed and non-listed sites comes
from a Response Program Grant from EPA. Although a \$3,000 application
review fee is required for participation in the program, the Georgia
General Assembly is not obligated to appropriate these funds back to the
Environmental Protection Division for its operating budget.

***Cleanup Activities***

**Sites currently in Brownfields Program:** 143

**Sites completed under Brownfields Program:** 82 (225 applicants to
date; 82 of which have completed activities)

**Benefits (incentives to participate in the Brownfields Program,
covenants not to sue, etc.):** Participants receive limitations of
liability prior to purchase of property and can qualify for tax
abatement following completion of cleanup. Participants have commented
on the utility of the limitation of liability letters in securing
private financing for redevelopment.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Brownfield sites that are regulated through listing on the
state Superfund list have a statutory requirement for public notice and
a 30-day public comment period on cleanup plans and delisting. For
non-listed brownfields properties, the provisions of the Georgia Open
Records Act pertain. All documents relating to the site cleanup are
available for review by the public during regular business hours. The
Georgia Environmental Protection Division Web site provides a listing of
all properties that have entered the program and provides information
about how to access decision documents for these properties. Lastly, the
Georgia program utilizes promulgated risk reduction standards that were
subject to public notice and public comment during development.

**Public participation activities (hearing, meetings, etc.): **Georgia
instituted a statewide outreach campaign to raise community awareness of
the Brownfields Program, to increase community involvement, and
encourage community participation in the federal brownfields grant
program. Response Program grant funds will be used to further expand
real-time public access to all site files and decision documents,
through a Web-based filing system.

***Statutory Authorities***

• *Hazardous Site Reuse and Redevelopment Act* (OCGA §12--8--200, as
amended).

• *Hazardous Site Response Act* (OCGA §12--8--90, as amended).

• General Provisions Regarding Ad Valorem Taxation of Property (OCGA
§48--5--2, et seq).

**Kentucky**

> **General Information**
>
> **Contact:** Herb Petitjean
>
> **Address:** Kentucky Division of Compliance Assistance\
> 300 Fair Oaks Lane\
> Frankfort, KY 40601
>
> **Phone:** 800 926 8111\
> 502 564 0323
>
> **Fax:** 502 564 9720
>
> **Email:** Herb.Petitjean@ky.gov
>
> **Web site:** *http://www.dca.ky.gov/brownfields*

***Program Description (VCP, brownfields, or related)***

**Brownfields definition:** Kentucky does not have a definition provided
by statute or regulations.

**Program titles:**

Kentucky Voluntary Cleanup Program includes:

• A formalized program, the Voluntary Environmental Remediation Program
(VERP), which provides a Covenant Not to Sue (CNTS); and

• Less formalized options leading to a Notice of Completion or a No
Further Remediation Letter.

**Liability relief provisions:** Kentucky law offers liability defenses
for bona fide prospective purchasers, contiguous property owners and
innocent landowners. The requirements for these defenses are the same as
under the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA).

Volunteers may apply to obtain a CNTS under the VERP.

Kentucky expanded its liability coverage for those who complete the VERP
process. An entity that has completed the program cannot be sued by a
third party to perform remediation in excess of that required by the
approved corrective action plan.

[]{.mark}

Volunteers may also conduct cleanups under a less formal process and
obtain a Notice of Completion or a No Further Remediation letter---the
latter being limited to public entities.

[]{.mark}

**Financial incentives (grants, loans, tax provisions, etc.):**

• Kentucky tax incentives for bona fide prospective purchasers of
qualified properties

• Kentucky Cabinet for Economic Development incentives

• Kentucky Division of Waste Management grants

• Kentucky Housing Corporation program

• Agricultural Warehousing Sites Cleanup Fund

• Clean Water State Revolving Loan Fund

• Kentucky Brownfield Program Web site

• Duke Energy reduced electrical rates program

**Legislative or program site eligibility requirements:** Any party is
eligible to enter VERP to receive a CNTS unless:

• The property is a licensed radioactive materials facility.

• The property is part of or contains a site that is on the National
Priorities List (NPL).

• The property is part of or contains a hazardous waste treatment,
storage, or disposal facility for which a permit has been issued, or the
site is otherwise the subject of hazardous waste closure or corrective
action.

• The property or site is the subject of state or federal environmental
enforcement action related to a release for which the application is
submitted.

• The property or site presents an environmental emergency.

Properties containing underground storage tanks (UST) are eligible for
the program, but they must satisfy the cleanup requirements of the UST
program and any release from an UST is not covered by the CNTS.

There are no restrictions on parties wishing to enter the program to
receive a Notice of Completion. A No Further Remediation letter is only
available to public entities.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):*** *The Kentucky Cabinet for Economic
Development offers a variety of incentives for new or expanding
businesses, but none of these incentives is specifically directed to
brownfields.

The Kentucky Division of Waste Management uses a grant from EPA to
conduct a limited number of Targeted Brownfields Assessments each year
for local governments and eligible nonprofits. The Division of
Compliance Assistance helps eligible parties develop applications for
federal grants.

VERP established an Agricultural Warehousing Sites Cleanup Fund to
address the growing number of closed tobacco warehouses, but no money
has been allocated to the fund.

Kentucky is exploring using the Clean Water State Revolving Loan Fund to
provide incentives to redevelop brownfields that have a current or a
potential water quality impact.

**Tax incentives (abatements, credits, etc.): **For qualified parties,
the state and local property tax rates on a remediated brownfield
property are reduced. For three years following the cleanup, the
property will not be subject to local ad valorem property taxes. The
state ad valorem property tax rate will be reduced from 31.5 cents per
\$100 of assessed value to one point five cents per \$100 of assessed
value. Qualified parties can also receive up to \$150,000 worth of
income tax credits for expenditures made in order to meet the
requirements of the assessment and cleanup. The allowable credit for any
taxable year is a maximum of 25% of the credit authorized. The credit
may be carried forward for 10 successive years.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):\
**Owners of brownfields for sale or lease can list their sites on the
Kentucky Brownfield Program Web site.

The Kentucky Housing Corporation is establishing a program to assist
qualified persons and families of lower and moderate income to help
defray the cost of assessment and decontamination of methamphetamine
contamination of inhabitable properties. A person shall not be eligible
for the program if convicted of a felony or found by the corporation to
be responsible for contamination of the relevant property through
methamphetamine production.

Duke Energy, which serves Northern Kentucky, has a program that offers
reduced electrical rates for companies that redevelop on qualified
brownfields. E. ON U.S. (Louisville Gas and Electric and Kentucky
Utilities) has applied to the Public Service Commission to offer a
similar program.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** State Superfund statute provides four
cleanup options:

• Proving that no action is required;

• Proving that site/release can be managed with
engineering/institutional controls;

• Removal; and

• Any combination of the above.

EPA Region 9 Preliminary Remediation Goals (October 2002) and associated
guidance are used for screening.

Target risk set at an excess cancer risk of 10-6 for carcinogenic
endpoints and a Hazard Index of 1 for non-carcinogen endpoints.

May use Generic Statewide Ambient Background Table or develop
site-specific values.

Future land use may be considered as part of proposal, but requires
institutional controls to insure that use remains compatible with
remedy.

**Contaminants covered/excluded:** Petroleum and polychlorinated
biphenyls (PCBs) are covered, but petroleum releases are not eligible
for CNTS if they fall under the UST program. Asbestos and lead paint are
covered if released in environment and not part of a structure.

Kentucky has contractor certification requirements and guidance for
decontamination of methamphetamine labs in inhabitable properties.

**Use of long-term stewardship and institutional controls (IC):**
Kentucky adopted legislation that mirrors the Uniform Environmental
Covenant Act. Kentucky Revised Statutes 224.80-100 to 210 provide
greater assurance that protective measures remain in place at properties
where contamination is being managed onsite.

> **IC Tracking, Oversight, and Monitoring:** The party or applicant
> shall conduct annual (or other approved frequency) inspections of the
> engineering and institutional controls and shall make annual (or other
> approved frequency) certification to the cabinet that the controls
> remain protective of human health, safety, and the environment. In
> accordance with KRS 224.01-400 (17), a review of environmental
> conditions at sites that have not been restored or remediated shall be
> conducted every five (5) years to determine if additional action is
> necessary to protect human health or the environment.
>
> **Reopeners:** Reopeners under the VERP. The Covenant Not To Sue does
> not apply to:
>
> • Releases not expressly identified in the corrective action plan.
>
> • Claims based on failure of the applicant or any successive landowner
> to comply with the approved corrective action plan, including any
> required land use restrictions and engineering or institutional
> controls.
>
> • Liability resulting from the applicant's exacerbation of releases
> identified in the corrective action plan.
>
> • Criminal liability.
>
> • Petroleum storage tanks.
>
> • Claims or liability based on or resulting from misrepresentations or
> intentional omissions by the applicant.
>
> • Liability for conditions at the site that were not known at the time
> that prevent the remediation of being protective of human health,
> safety, or the environment.
>
> • Claims based on changes in scientific knowledge.
>
> • Environmental emergencies.
>
> • Natural resource damages.
>
> • Any administrative or civil action not expressly excluded by the
> covenant.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** No

**Costs to enter program or fees for service:** 

[VERP application fees]{.underline}: Area of 3 acres or less (\$1,000);
area greater than 3 acres and less than 10 acres (\$2,500); and area of
10 acres or more (\$3,500).

Applicant reimburses cabinet for cost of review and oversight cost that
exceed the application fee. The cabinet may waive in whole or in part
its right to be reimbursed if the property is less than three acres and
the cabinet determines the waiver is in the public interest.

Any public entity entering property that is publicly owned is exempt
from the application fees.

[Voluntary cleanups outside VERP:]{.underline} There is currently no fee
for the informal cleanup options.

**Funding source for administrative costs and staff:** Funding comes
from application fees and reimbursement for oversight costs. Grants and
state Hazardous Waste Management Funds used to cover oversight costs for
properties that have exemptions or waivers.

***Cleanup Activities***

**Sites currently in VCP: **Currently, two properties are in the VERP.
The other, less formalized programs, remain available and are actively
utilized by volunteers.

Most volunteers continue to conduct cleanups under a less formal process
to obtain a Notice of Completion rather than a CTNS. Over 100 sites per
year are addressed through this process.

**Sites completed under VCP: **No sites have been completed under the
VERP. Kentucky's Superfund program has addressed approximately 4,000
sites under a less formal process.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **VERP establishes an efficient and predictable process for
voluntary cleanups. It includes time limits for review of documents by
the cabinet. Upon successful completion of a cleanup, the applicant
receives a CNTS and expanded liability coverage. However, the majority
of volunteers prefer to use the less formalized Notice of Completion
option rather than VERP. They find it less onerous and feel that the
Notice provides an adequate degree of liability protection.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Kentucky's VERP has a public participation component.
Requirements include:

• The applicant shall notify the local government units at the time of
application and at the time that the corrective action plan is proposed.

• The applicant shall place notices in the newspaper of largest
circulation in the county at the time of application and at the time
that the corrective action plan is proposed.

• The applicant shall post a sign on the property stating that the site
is undergoing remediation and providing information on where and when
the corrective action plan is available for public review and comment.

• Copies of all relevant documents shall be placed in the local public
library. Documents are also available from the Division of Waste
Management file room as provided by Kentucky's Open Records Act, KRS
61.870--884.

• A comment period of at least 30 days shall follow publication of the
notice of the submittal of a corrective action plan. During the comment
period, any person may submit written comments to the cabinet concerning
the corrective action plan and may request a public hearing. The cabinet
may hold a public hearing if request is made.

• The cabinet shall consider all written comments and public testimony
prior to taking any action.

• The public may appeal approval of a corrective action plan or issuance
of a CNTS.

Voluntary cleanups outside the VERP also have a public participation
component, but not to the extent of the VERP.

• All cleanups being conducted under the No Further Remediation Letter
process (KRS 224.01--450 through 465) include a public notice and public
comment period.

• For any proposed remedy that does not achieve the target risk levels
at the point of exposure, the volunteer shall provide a public notice.
The cabinet shall receive public comments for 30 days following the
publication of the notice.

• Documents related to any cleanup are available for public review under
the provisions of Kentucky's Open Records Act, KRS 61.870--884.

**Public participation activities (hearing, meetings, etc.):** See
comments under public participation requirements.

***Statutory Authorities***

Cleanup Statutes and Regulations

• KRS 224.01--400 -- Reportable quantities and release notification
requirements for hazardous substances, pollutants, or contaminants;
Variation of requirements by administrative regulation; Emergency plan;
Powers of the cabinet; Remedial action to restore environment; Lien of
cabinets costs of cleanup; Defenses to Liability; Liability of financial
institution acquiring property or serving as fiduciary.

• KRS 224.01--405 -- Corrective action for release of petroleum or
petroleum product from a source other than a petroleum storage tank.

• KRS 224.01--450 to 465 -- No Further Remediation Letter.

• KRS 224.01--510 to 532 -- Voluntary Environmental Remediation Act,
including limits to suits or claims to compel remediation in excess of
corrective action plan

• 401 KAR 100:030 Remediation Requirements.

Environmental Covenant Act

• KRS 224.80 Environmental Covenants

Tax incentives

• KRS 132.010 (18) Defines qualifying voluntary environmental
remediation property for state and local ad valorem tax incentives.

• KRS 132.020 (1) (c) State ad valorem tax reduction for bona fide
prospective purchasers of qualified properties.

• KRS 132.200 (21) Three year elimination of local ad valorem taxes for
bona fide prospective purchaser of qualified properties.

• KRS 141.418 Tax credit for voluntary environmental remediation.

Methamphetamine contamination

• KRS 224.01-410 Standards and procedures for assessment and
decontamination of inhabitable properties.

KRS 198A.040 (29) Gives the Kentucky Housing Corporation the authority
to establish a program to assist persons and families of lower and
moderate income to help defray the cost of assessment and
decontamination of methamphetamine contamination of inhabitable
properties.

**Mississippi**

> **General Information**
>
> **Contact:** Trey Hess\
> Mississippi Department of Environmental Quality (MDEQ)\
> Ground Water Assessment and Remediation Division (GARD)
>
> **Address:** P.O. Box 10385\
> Jackson, MS 39289-0385
>
> **Phone:** 601 961 5654
>
> **Fax:** 601 961 5300
>
> **Email:** Trey_Hess@deq.state.ms.us
>
> **Web site:** *http://www.brownfields.ms*

***Program Description (VCP, brownfields, or related)***

The Ground water Assessment and Remediation Division (GARD) is
responsible for the assessment and remediation of contaminated sites in
the State of Mississippi.

**Brownfields definition:** Real property, the expansion, redevelopment,
or reuse of which may be complicated by the presence or potential
presence of a hazardous substance, pollutant, or contaminant.

• Uncontrolled Site definition---Site, facility, plant, or location
where hazardous or toxic wastes have been released to the environment
and, due to existing regulations, there is no federal program that can
handle the problem.

• Voluntary Evaluation Program (VEP)---Uncontrolled site that is
voluntarily participating in the Voluntary Evaluation Program.

**Program titles:**

• Mississippi Brownfields Program

• Uncontrolled Sites Program

• Voluntary Evaluation Program

**Liability Protection provisions:** Brownfields parties who execute a
Brownfields Agreement shall be relieved of liability to all persons,
including MDEQ (other than the United States) for remediation of the
Brownfields Agreement site other than the remediation required by the
Brownfields Agreement, and all costs reasonably related to the
remediation other than the remediation costs required by the Brownfields
Agreement or the regulations. For sites cleaned up to unrestricted
levels, a No Further Action letter is issued.

Uncontrolled Sites/VEP Program---For sites with contamination left in
place above unrestricted levels, a Restrictive Use Agreed Order has the
following language: (a) the staff of the Commission has evaluated this
Restrictive Use Agreed Order and believes once the requirements of it
have been completed that 1) the site will be protective of the public
health and the environment and 2) no further corrective action will be
required at this time; (b) for sites cleaned up to unrestricted levels,
a No Further Action letter is issued.

**Financial incentives (grants, loans, tax provisions, etc.):** MDEQ
conducts limited assessments (Phase I Environmental Site Assessments
(ESAs), limited Phase II ESAs) for eligible entities (See federal
Brownfields Law Subtitle A definition) on a competitive basis. During
the 2005 legislative session, House Bill 1341 was passed by the
Mississippi legislature and signed by the governor. The *Mississippi
Brownfields Voluntary Cleanup and Redevelopment Incentives Act* contains
a number of financial incentives for property owners and local
governments to clean up and redevelop brownfield properties. The
legislation also provides additional financial assistance to counties
and municipalities. The Act expands eligible projects for financial
assistance under the Local Governments Capital Improvements Revolving
Loan Program under the jurisdiction of the Mississippi Development
Authority to include remediation of brownfield sites and created the
Local Governments Brownfields Redevelopment Grant Fund to include
financial assistance for identification of brownfield sites, site
assessments, and development of remedial action plans.

**Legislative or program site eligibility requirements:** A brownfields
party must provide MDEQ with information necessary to demonstrate
that: 1) the proposed remediation will result in a suitable use for the
property (as stated in the application) and will protect public health
and the environment; 2) the party can obtain the financial, managerial,
and technical resources to complete the proposed remediation and assure
the safe use of the brownfield property; 3) the current owner of the
brownfield property is an applicant or has given written approval for
submission of the application; 4) the brownfields party will comply with
all applicable procedural requirements; and 5) the brownfields party
will agree to pay for MDEQ oversight costs.

***Financial Elements***

**Assessment and cleanup funding** **(source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):** MDEQ conducts limited assessments for
eligible entities on a competitive basis. There is EPA funding to MDEQ
for environmental assessments at brownfield sites throughout the State
of Mississippi under the Targeted Brownfields Assessment Program.

The Brownfields Voluntary Cleanup and Redevelopment Incentives Act
expands eligible projects for financial assistance under the Local
Governments Capital Improvements Revolving Loan Program to include
remediation of brownfields sites and creates the Local Governments
Brownfields Redevelopment Grant Fund to include financial assistance for
identification of brownfield sites, site assessments, and development of
remedial action plans. The maximum grant under this program is
\$100,000, and requires a 25 percent local match. In addition, the
legislation authorizes \$2.5 million in state general obligation bonds
to be used by local governments for remediation of identified properties

**Tax incentives (abatements, credits, etc.):** The Brownfields
Voluntary Cleanup and Redevelopment Incentives Act provides an income
tax credit for a property owner equal to 25% of the costs of remediating
a brownfield property, with the annual credit capped at \$40,000, and
the total credit not to exceed \$150,000. Any unused portion of the tax
credit may be carried over into succeeding tax years. In lieu of the
state income tax credit, the property owner may claim a job tax credit
for each new employee created as a result of the cleanup and
redevelopment of a brownfield site.

**Other forms of support** **(environmental insurance, brownfields
redevelopment authorities, etc.):**\
No information available

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** The brownfields program uses a three
tiered risk-based approach to remediation. Tier 1 evaluation compares
site-specific data to a table of chemical-specific Target Remediation
Goals (TRGs). Tier 2 provides the applicant the option of performing a
more in-depth evaluation of site-specific conditions to develop
site-specific Remediation Goals (RGs). Tier 3 is a site-specific risk
assessment to evaluate the potential human health and ecological risks
at the site that will result in the development of site-specific RGs.
Institutional controls play a major role in Tier 2 and Tier 3
assessments.

**Contaminants covered/excluded:** Asbestos, lead paint, polychlorinated
biphenyls (PCBs), and petroleum are covered.

**Use of long-term stewardship and institutional controls (IC): **The
state statute promotes evaluation of institutional controls, and other
remedial options for a site that can shut-off or eliminate exposure to
contamination.

**IC Tracking, Oversight, and Monitoring:** The state tracks and
monitors institutional controls with an online database located at
*http://list.brownfields.ms*.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** See Section 128(b) of
Federal Brownfield Amendments for sites managed under the Mississippi
Brownfields Program (i.e., the State Response Program).

**Costs to enter program or fees for service:** At the time a
Brownfields Agreement application is filed, the applicant agrees to pay
MDEQ all reasonable and direct costs associated with the administration
of the application at the rate of \$100/hour, and must attach a \$2,000
application fee. An applicant under the Uncontrolled Sites VEP, must
also agree to pay MDEQ all reasonable and direct costs associated with
the administration of the application at the rate of \$100/hour.

**Funding source for administrative costs and staff:** The Brownfields
Cleanup and Redevelopment Trust Fund pays for reasonable direct and
indirect costs associated with the processing of the Brownfield
Agreement applications and the administration of Brownfields Agreements.
Money in the Uncontrolled Site Evaluation Trust Fund shall be utilized
to pay reasonable direct and indirect costs associated with the
administration and evaluation of uncontrolled sites, including, but not
limited to, the reasonable costs of reviewing plans, specifications,
engineering reports, and other documents related to site assessments;
establishing cleanup levels; and preparing requirements and guidance.
For other administrative cost not directly billable to a VEP or
brownfield site, MDEQ utilizes Section 128(a) grant monies from EPA.

***Cleanup Activities***

**Sites currently in VCP: **206

**Sites completed under VCP:** 34

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **Uncontrolled Site VEP allows accepted parties the opportunity
to participate in a program that will expedite the evaluation of site
information. The brownfields program offers liability protection before
cleanup (at the point that a Brownfields Agreement is reached)
eliminating the need for a No Further Action letter typically used after
cleanup to unrestricted use.

***Public Participation -- MS Brownfields Program***

**Public participation requirements (notice, comment periods,
etc.): **If the department and a brownfields party reach a proposed
agreement for the remediation of a Brownfields Agreement site, MDEQ must
publish a public notice in a newspaper of general circulation in the
county or counties in which the Brownfields Agreement site is located.
The public notice shall: 1) describe the proposed agreement and site; 2)
request public comment on the proposed agreement; and 3) provide the
date and location of the commission's consideration of the proposed
Brownfields Agreement. A copy of the proposed Brownfields Agreement
shall be filed for public inspection.

**Public participation activities (hearing, meetings, etc.): **MDEQ may
conduct a public hearing on the proposed Brownfields Agreement. MDEQ
shall publish a notice of the hearing in a newspaper of general
circulation in the county or counties in which the proposed Brownfields
Agreement site is located. MDEQ shall provide to the commission for
review before its consideration of the proposed Brownfields Agreement
all public comments and the transcript of any public hearing on the
proposed Brownfields Agreement.

***Statutory Authorities***

• *Brownfields Voluntary Cleanup and Redevelopment Act* (Miss. Code
§49--35--1).

• *Uncontrolled Site Voluntary Evaluation Trust Fund* (Miss. Code
§17--17--54).

• *Mississippi Air and Water Pollution Control Law* (Miss. Code
§49--17--29 & §49--17--43).

• *Solid Waste Disposal Law* (Miss. Code §17--17--17 & §17--17--27(8)).

**North Carolina**

> **General Information**
>
> **Contact:** Bruce Nicholson\
> Brownfields Program Manager
>
> Charlotte Jesneck\
> Inactive Hazardous Sites Branch Head
>
> North Carolina Department of Environment\
> and Natural Resources (DENR)\
> Special Remediation Branch/Superfund\
> Section
>
> **Address:** North Carolina Division of Waste\
> Management\
> 401 Oberlin Road, Suite 150\
> Raleigh, NC 27605
>
> **Phone:** 919 508 8400
>
> **Fax:** 919 715 4061
>
> **Email:** bruce.nicholson@ncmail.net\
> charlotte.jesneck@ncmail.net
>
> **Web site:** Brownfields: *http://www.ncbrownfields.org/\
> *VCP:* www.wastenotnc.org/sfhome/ihsbrnch.htm*

***Program Description (VCP, brownfields, or related)***

North Carolina has both a Voluntary Cleanup Program (VCP) and a
Brownfields Program and makes a distinction between them by the type of
party that is conducting the work. The state's public policy calls for
allowing the extra benefits associated with participation in the
Brownfields Program only to non-causative parties. In this way, these
sites are truly abandoned sites being addressed by developers that need
liability protection to obtain financing for brick and mortar
redevelopment projects. Responsible parties cannot receive these
benefits, but can conduct cleanups under a different statute within the
state's VCP.

The Brownfields Program (1997) operates under the Brownfields Property
Reuse Act of 1997. The Program provides prospective developers (PDs),
who are non-causative parties, liability protection under a brownfields
agreement in the form of a Covenant Not To Sue (CNTS), contingent on
completion of cleanup and/or safe-making actions in the brownfields
agreement. Cleanups are risk-based and designed to ensure safe reuse of
the property and include institutional controls such as land use
restrictions. A PD must certify that it did not cause or contribute to
site contamination. The property must be abandoned, idled, or underused
and must have real or perceived contamination that hinders
redevelopment. It cannot be a National Priorities List (NPL) site. The
project must be a bona fide redevelopment with public benefits (e.g.,
jobs, quality of life, tax base) commensurate with liability protection
provided by the brownfields agreement.

The VCP operates under the Inactive Hazardous Sites Response Act of
1987. Responsible parties (or any other parties for that matter) are
eligible for cleanup actions under this program. The VCP offers No
Further Action letters at the completion of work. Cleanups to levels
other than unrestricted use concentrations can apply for soils not
posing a threat to ground water if they are accompanied with land use
restrictions. Ground water must be restored to state ground water
standards if it is technically practicable to do so. In such cases, land
use restrictions would be required along with possibly other controls to
prevent exposure. Lower priority voluntary actions are addressed by the
Inactive Hazardous Sites Branch's (IHSB) Registered Environmental
Consultant (REC) Program. In the REC Program, the remediating party is
required to hire an approved REC and enter into an agreement with the
IHSB. The REC then performs and certifies that the remedial action has
been performed in accordance with state law (privatized oversight).
Remediating parties at sites having a high potential for exposure,
contaminated sensitive environments, or significant public concern or
interest may still perform a voluntary remedial action. However this
work is directly overseen and approved by the IHSB.

**Brownfields definition:** An abandoned, idled, or underused property
where the threat of environmental contamination has hindered its
redevelopment. This definition is applicable for the requirements of the
Brownfields Program above only.

**Program titles:**

• Brownfields Program

• Inactive Hazardous Sites Voluntary Cleanup Program

**Liability relief provisions:** A brownfields agreement provided by the
Brownfields Program is designed to break barriers to obtaining financing
at lending institutions through the CNTS contained within.

**Financial incentives (grants, loans, tax provisions, etc.):** North
Carolina has a brownfields tax incentive that applies to those who
obtain brownfields agreements from the DENR (i.e., non-causative parties
only). The holder of a brownfields agreement statutorily receives local
property tax relief upon completion of improvements to the brownfield
property. The value of such improvements is excluded from future
property taxes for five years at a rate of 90% exclusion in the first
year, gradually decreasing to a 10% exclusion in year five.

**Legislative or program site eligibility requirements:\
**While any party may enter the state's VCP, the Brownfields Program and
its specific benefits are statutorily restricted to non-causative
prospective developers desiring to redevelop the brownfield property.
The redevelopment project must be shown to have public benefit (e.g.,
jobs, tax base, community quality of life, greenspace) commensurate with
the liability relief provided. An eligible prospective developer must be
in substantial compliance with rules and regulations regarding
environmental protection.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): ** Assessment and cleanup are funded by the
brownfield applicant in the Brownfield Program and by the remediating
party in the VCP. Note that the Inactive Hazardous Sites Program has a
separate program for addressing non-permitted landfills that closed
prior to 1983. A tax, which goes into effect in July 2008, funds the
assessment and mitigation of these sites. Local governments can perform
the assessment and get reimbursed if conducted under a plan approved by
the Inactive Hazardous Sites Program. The state also has a program to
address dry cleaning solvent releases. For those that qualify, the state
funds the assessment and cleanup through a sales tax on dry cleaning.

**Tax incentives (abatements, credits, etc.):** 2000 legislation
authorized sliding scale of property tax abatements for increased value
of sites being redeveloped under a brownfields agreement (90% for year
one, down to 10% in year five), effective July 1, 2001.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **No information available

***Program Elements***

***Technical Elements***

**Methods/standards/controls: **Under the Brownfields Program, because
the program only works with non-causative prospective developers, site
cleanup is required only to the extent necessary to make the site safe
for intended reuse or the permanence of the agreement is threatened by
uncontrolled migration of contaminants. Site-specific risk-based cleanup
standards and land use restrictions are used.

Under the VCP, site-specific risk-based standards can be used at VCP
sites for soils where the remedy includes land use restrictions and the
soils are not a source of ground water contamination that could
practicably be treated or removed. Ground water cleanup under the VCP
must meet state ground water standards unless a demonstration is made
and approved that cleanup is technically impracticable.

**Contaminants covered/excluded: **Sites with exclusively petroleum
hydrocarbon contamination from Underground Storage Tanks (USTs) are
ineligible for the Brownfields Program. Otherwise, all soil and ground
water contaminants are OK, including those with comingled UST
contamination. The VCP addresses only non-petroleum hazardous substance
and pollutant contamination.

**Use of long-term stewardship and institutional controls (IC): **The
North Carolina brownfields process assumes that land use restrictions
(LURs) will be an integral part of all brownfields agreements where site
specific LURs are developed to coordinate with design footprints and run
with the land. Annual LUR compliance updates are required by all
brownfields agreements. Violation of a LUR is a reopener that subjects
the violating party to complete cleanup of the site to state
environmental standards.

Under the VCP, LURs can be used in relation to restricted use soil
remedies, ground water contamination that is deemed impracticable to
correct, and where they may otherwise be a necessary part of a remedy.
Perpetual reporting on the restrictive covenants is a requirement that
runs with the land. The VCP does have reopeners if the Branch finds that
false or incomplete information was provided on the site or if there is
a violation of the restrictive covenants.

> **IC Tracking:** For the Inactive Hazardous Sites Program, sites with
> LURs are tracked in a database.
>
> **IC Oversight:** In the Inactive Hazardous Sites Program, LURs are
> part of the Remedial Action Plan (RAP). The RAP is approved by staff
> or an REC.
>
> **IC Monitoring:** For both the VCP and the Brownfields Program,
> owners must submit an annual certification that LURs are still in
> place and that the owner is in compliance with their requirements.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** No

**Costs to enter program or fees for service: **Under the Brownfields
Program, PDs pay a \$2,000 fee for a brownfields agreement. Funds remain
in a non-reverting account for the program to use to defray its costs.
Under the VCP, remediating parties must pay a \$500 fee if they want a
written No Further Action letter. If the voluntary action is addressed
through the REC Program, the remediating party pays an annual adjustable
fee to provide for a state auditor/educator/enforcer of this privatized
part of the program.

**Funding source for administrative costs and staff: **The Brownfields
Program is funded through a CERCLA 128(a) State and Tribal Response
Program Grant (Response Program Grant) cooperative agreement and also
through its \$2,000 fee. The VCP is funded mostly through fees paid by
remediators under the REC Program. Voluntary cleanup oversight staff are
also funded by state appropriations, federal grants, and a coalition of
responsible parties at former manufactured gas plant sites.

***Cleanup Activities***

**Sites currently in VCP: **Under the Brownfields Program, as of fourth
quarter 2004, there are 112 sites. Redevelopment projects include
manufacturing, commercial, residential, mixed commercial/residential,
and greenspace uses. Approximately one third of these sites are in rural
settings. All of these sites were initiated by prospective developers
applying for entry into the Brownfields Program.

Under the VCP, currently 129 sites have approved voluntary assessments
and/or cleanups underway.

**Sites Completed under VCP: **Under the Brownfields Program, 52
brownfields agreements have been completed and 60 are in the pipeline.
These projects, facilitated by brownfields agreements, represent
approximately \$1,000,000,000 in committed private investment in
brownfields redevelopment.

A current total of 437 sites have completed all work and been assigned
No Further Action status under the Inactive Hazardous Sites Program.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **The public policy of restricting the Brownfields Program to
non-causative parties allows greater public benefits to be provided to
these redeveloping entities, thereby encouraging an additional set of
cleanups above and beyond what is possible under the VCP. Benefits to
PDs include site-specific risk-based cleanups designed for safe reuse of
the site rather than meeting current state environmental standards that
responsible parties are required to meet. This typically results in
ground water use restrictions for the PD. For the PD, this holds
considerable savings over more active remedial action, and also reserves
the state's right to enforce against viable responsible parties for
further action. PDs also receive the property tax incentive. Perhaps
most importantly, they receive strong liability protection under the
brownfields agreement's CNTS. Such agreements now have a track record of
facilitating project redevelopment loans.

For parties conducting remedial actions under the VCP, cleanup costs are
capped at \$3 million per responsible party.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **The Brownfields Program requires that the PD establish that
there is public benefit with the project that is commensurate with the
liability relief provided. One manner in which to establish this is
through letters from the public or neighborhood groups. Statutory public
notice requires that a summary of the brownfields agreement must be
posted on the brownfield property, advertised in a local newspaper, and
published in the state register. Brownfields agreement documents must be
made available at a local repository and at the Brownfields Program
public files. There is a statutory minimum 60-day public comment period
on every brownfields agreement. Under the VCP, there are 30-day public
notice periods for both the agreement and the remedial action plan.

**Public participation activities (hearing, meetings, etc.):** Under the
Brownfields Program, the public may request a public meeting within the
first 30 days of the public comment period. The program reports that no
public meetings have been requested. Public comments are rare, and, when
received, have been universally supportive. Under the VCP, public
participation activities beyond notice can include public meetings,
establishing local file information repositories, meetings with local
community groups, fact sheet distribution and such.

***Statutory Authorities***

• Brownfields Program: The *Brownfields Property Reuse Act of 1997*,
NCGS §§130A--310.30 through 310.40.

• Voluntary Cleanup Program: The *North Carolina Inactive Hazardous
Sites Response Act of 1987* (NCGS §§130A-310.1 through 310.13).

**South Carolina**

> **General Information**
>
> **Contact:** Gail Rawls Jeter, Brownfields Coordinator
>
> **Address:** South Carolina Department of Health and Environmental
> Control (DHEC)\
> Bureau of Land and Waste Management
>
> 2600 Bull Street\
> Columbia, SC 29201
>
> **Phone:** 803 896 4069
>
> **Fax:** 803 896 4001
>
> **Email:** jetergr@dhec.sc.gov
>
> **Web site:**
> http://www.scdhec.net/environment/lwm/HTML/brownfields.htm

***Program Description (VCP, brownfields, or related)***

South Carolina's Voluntary Cleanup Program (VCP), established in 1988,
is a component of the hazardous substance cleanup program. In 1995,
South Carolina's VCP was expanded and enhanced to incorporate a
brownfields component. All sites are eligible to participate with the
exception of petroleum-only sites, National Priorities List (NPL) sites,
and parties under enforcement action or permits. Incentives for
participation include covenants not to sue for successful completion of
work for responsible parties (RPs) and covenant not to sue for existing
contamination, contribution protection, and third party liability
protection for non-responsible parties (non-RPs). This protection may be
transferred to future owners and operators as long as they are able to
certify that they are non-RPs for the site. Financial incentives are
also available for non-RPs who participate in the VCP.

The state's brownfields program is included in the VCP, and is the
non-RP portion of the VCP. Criteria for inclusion are the same as those
under the voluntary program. Cleanup standards are also identical to
those of the VCP, although non-RPs are not necessarily required to
remediate sites to the extent that RPs must. Non-RPs are required to
take reasonable steps to stop continuing releases and to clean up the
property for its intended future use. Incentives for participation in
the program are the same as those listed for the VCP above.

**Brownfield definition:** Brownfields are real property, the expansion,
redevelopment, or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant.
Thus, South Carolina's VCP does not address petroleum contaminants.

**Program titles:** Brownfields/Voluntary Cleanup Program

**Liability relief provisions:** The VCP provides covenant not to sue
for existing contamination, contribution protection, and third party
liability protection for non-RPs.

**Financial incentives (grants, loans, tax provisions, etc.):** In 2002,
the South Carolina legislature passed financial incentives to encourage
brownfields redevelopment as amendments to the South Carolina Tax Code.

• If a non-RP makes a minimum investment of at least \$1,000,000 in a
brownfield property (includes assessment and/or cleanup conducted
pursuant to VCP), he is eligible for fees in lieu of property taxes.

• \$1,000 credit for each new full-time job created for cleanup
performed at a brownfield site by a non-RP through a voluntary cleanup
contract, in addition to the current credits.

• With county concurrence, five-year property tax exemption at
brownfield sites at which a cleanup has been performed by a non-RP
through a voluntary cleanup contract and certified complete by DHEC.

• Corporate income tax credit for expenses paid and accrued by a non-RP
performing a voluntary cleanup---lesser of 50% or \$50,000 in a taxable
year (unused credit up to \$100,000 may be carried forward for five
years). An additional credit of 10% of cleanup costs (not to exceed
\$50,000) is allowed in the year that the cleanup is certified.

• Through an EPA grant, DHEC administers a Brownfields Cleanup Revolving
Loan Fund (RLF) of \$4,250,000, which offers low interest loans to
non-RPs for removal of hazardous substances at brownfields redevelopment
projects in the VCP.

• DHEC can perform a limited number of Site Specific Assessments of
selected and EPA approved sites that are publicly owned or have strong
local government support for redevelopment.

**Legislative or program site eligibility requirements:**\
The eligibility requirements are set forth in the South Carolina
Hazardous Waste Management Act, Article 7---Brownfields/Voluntary
Cleanup Program, South Carolina Code of Laws, Section 44--56--710 et.
seq.

***Financial Elements***

**Assessment and cleanup funding** **(source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):** For brownfield sites, DHEC has some
funding available through its EPA grant to perform Site Specific
Assessments. Also, DHEC administers a Brownfields Cleanup RLF. This
financial assistance for assessment and removal is outlined in financial
incentives above.

The South Carolina General Assembly created the Dry Cleaning Restoration
Trust Fund (DCRTF) in 1995. The DCRTF money is collected from
participating dry cleaners through annual fees, solvent surcharges, and
special add-on sales taxes. Depending on the solvent type and the years
of operation, some currently operating dry cleaning plants were allowed
to opt out of participation in the Fund. The DCRTF can only be used at
participating dry cleaning plants that meet specific eligibility
criteria specified by law. Eligibility for the Fund transfers with the
property. The fund may be used at former dry cleaning plants only if all
RPs have participated in the Fund for all of their operating plants. All
DCRTF assessment and remediation activities are performed by DHEC and
are subject to a priority score assigned to the site. Lower priority
sites may be redeveloped without restraints as long as DHEC is granted
access to the site in the future for assessment and remediation once
they become a priority.

South Carolina created two state funds to assist owners and operators in
meeting their financial obligations to address petroleum releases from
Underground Storage Tanks (USTs). The State Underground Petroleum
Environmental Response Bank (SUPERB) fund is used for the usual and
customary costs for site rehabilitation of releases. The SUPERB
Financial Responsibility fund is used for compensating third parties for
actual costs for injury and property damage caused by a petroleum
release. The funding source is a half-cent per gallon environmental
impact fee assessed on petroleum. The maximum payout from the state fund
is \$1,000,000 per occurrence, and a deductible of \$25,000 must be met
before the state fund can be used. All releases must be qualified to
receive state funds, and state statute requires that all costs for site
rehabilitation receive prior approval from the UST program and work be
performed by a state certified contractor. Non-RPs can participate in
the state program.

**Tax incentives (abatements, credits, etc.): **For brownfield sites,
financial incentives are available for non-RPs who have entered into the
VCP.

Those incentives include:

• State corporate income tax credit for expenses incurred by a taxpayer
in cleaning up a site.

• Jobs tax credit in the amount of an additional \$1,000 to established
job tax credit.

• Property tax exemption, with county concurrence.

• Fees in lieu of property taxes, with a \$1,000,000 threshold minimum.

**Other forms of support** **(environmental insurance, brownfields
redevelopment authorities, etc.):** None

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** No formal Risk-Based Corrective Action
(RBCA) process is in place for hazardous substances; state generally
uses EPA Region 9 Preliminary Remediation Goals (PRGs) and EPA Soil
Screening Levels (SSLs) as remedial goals. Applicants can use PRGs and
SSLs, background concentrations, and site-specific concentrations based
on a site-specific risk assessment.

The UST program uses a risk-based process in making decisions concerning
corrective action for releases of petroleum products from regulated
USTs. The requirements for the risk-based corrective action process are
established by state statute and regulations.

**Contaminants covered/excluded: **Under South Carolina's
Brownfields/VCP law, hazardous substances are addressed, but not
petroleum. Asbestos and lead-based paint can be addressed if there is an
environmental exposure. Polychlorinated biphenyls (PCBs) are included as
hazardous substances. Petroleum is addressed through the UST program or
through DHEC's Bureau of Water, depending on the source of the
contamination.

**Use of long-term stewardship and institutional controls (IC): **South
Carolina has a long-term stewardship (LTS) program for its state
voluntary, brownfields, state remediation, and Resource Conservation
Recovery Act (RCRA) programs. Sites where institutional controls have
been implemented are required to certify compliance with the Restrictive
Covenant every year. DHEC performs inspections to ensure compliance with
the Restrictive Covenant, as needed. The Restrictive Covenant clearly
delineates the restrictions placed on the property and is noticed on the
deed. Brownfields/VCP sites that are worked on during each year and that
have determined land use controls are so noted on the Public Record
available at:
*http://www.scdhec.net/environment/lwm/Databases/Public%20Record/public_record.htm*.

> **IC Tracking:** South Carolina maintains a database that tracks
> institutional controls at cleanup sites.
>
> **IC Oversight:** Parties owning sites that are not cleaned up for
> unrestricted use EPA Region 9 PRGs for residential use for surficial
> soils, EPA Soil Screening Levels for subsurface soils, and EPA Maximum
> Contaminant Levels (MCLs) for ground water or PRGs for tap water when
> MCLs are not established\] must enter into a Restrictive Covenant with
> DHEC.
>
> **IC Monitoring:** DHEC monitors compliance with Restrictive Covenants
> by annual certifications and by performing inspections.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **No

**Costs to enter program or fees for service: **There is no application
fee to enter into the VCP; however, private party RPs and non-RPs must
pay oversight costs. DHEC provides oversight without charge to
governmental entities and nonprofit agencies as long as sufficient
funding is available through EPA's 128(a) State and Tribal Response
Program grant.

**Funding source for administrative costs and staff: **State oversight
costs are funded by participants in the VCP. Additionally, funding is
provided by EPA through its Comprehensive Environmental Response
Compensation and Liability Act (CERCLA) 128(a) State and Tribal Response
Program Grant to South Carolina. No state appropriated funds are
available.

***Cleanup Activities***

**Sites currently in VCP: **South Carolina keeps a list of the sites
currently in the VCP.

**Sites completed under VCP: **South Carolina keeps a list of the sites
that have completed cleanup under the VCP.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **The protections provided by participating in the VCP, as well
as the financial incentives, are outlined above. In addition, the state
has seen much benefit from its brownfields redevelopment program, in
that 142 properties have been or are being redeveloped as of December
31, 2007. These redevelopments include greenspace, housing developments,
industrial, and mixed use (i.e., commercial, residential, and
greenspace) developments with the primary redeveloped use as commercial.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **To provide notice to and an opportunity for community
involvement, the following components are included for public
participation:

• Notify citizens of proposed contract by placing a notice of the
Department's decision to enter into a voluntary cleanup contract in the
local newspaper and on DHEC's Web site.

• Hold a 30-day public comment period on the contract that would begin
on the date the notice is in newspaper.

**Public participation activities (hearing, meetings, etc.):** The
following components are also included for public participation:

• Hold a public meeting, if requested or deemed necessary. Generally, a
public meeting is held for all properties being redeveloped for
residential reuse.

• Non-RP must post a sign on the site stating: contact name, address,
and telephone number.

***Statutory Authorities***

The *Hazardous Waste Management Act*, South Carolina Code Ann.
§44--56--10 et seq., establishes general enforcement authority, a
cleanup fund, and provisions governing contaminated property transfer.
Article 7 of the statute establishes the brownfields and voluntary
cleanup programs. Article 4 is the Dry Cleaning Facility Restoration
Trust Fund. It provides authority for a cleanup fund and a priority
list. Requirements for the management of UST systems are established by
the State Underground Petroleum Environmental Response Bank Act (§
44-2-10) and South Carolina Underground Storage Tank Control Regulations
(SCUSTCR) R. 61.92.

**Tennessee**

> **General Information**
>
> **Contact:** Andy Shivas
>
> **Address:** Tennessee Department of Environment and Conservation
> (TDEC)\
> 4th Floor, L&C Annex\
> 401 Church Street\
> Nashville, TN 37243-1538
>
> **Phone:** 615 532 0912
>
> **Fax:** 615 532 0938
>
> **Email:** Andy.Shivas@state.tn.us
>
> **Web site:** *http://www.state.tn.us/environment/dor/voap//*

***Program Description (VCP, brownfields, or related)***

**Brownfields definition:** Any abandoned, idle, underutilized, or other
property whose reuse, growth, enhancement or redevelopment is
complicated by real or perceived adverse environmental conditions.

**Program titles:** Voluntary Cleanup Oversight and Assistance Program
(VOAP)

**Liability relief provisions: **Participants can receive a No Further
Action (NFA) letter and release of liability under any statute
administered by TDEC for investigation, remediation, monitoring, and/or
maintenance of contamination identified and addressed in a voluntary
agreement or consent order. With certain conditions and limitations,
liability protection may extend to successors in interest or in title to
the participant, contractors conducting response actions at the site,
developers, future owners, tenants, and lenders, fiduciaries, or
insurers. Third party contribution protection may be provided if certain
notice requirements are met.

**Financial incentives (grants, loans, tax provisions, etc.):**

• Dry Cleaning Environmental Response Program Trust Fund (DCERPTF)---Can
possibly be used to clean up eligible active and abandoned dry cleaning
sites. In order to utilize the fund, fees, and deductibles are required
by program participants.

• Tax Increment Financing (TIF)---Can be used by local governments that
have jurisdiction over any part of a brownfields project.

• Federal Funds---Grants or loans from federal funds available to TDEC
and any state funds used as a match to obtain federal funds in certain
cases may be used by municipalities, counties, and/or other governmental
instrumentalities to assess and clean up sites.

**Legislative or program site eligibility requirements:** By statute,
parties that did not release, generate, or transport contamination to be
addressed may enter into a voluntary agreement. While responsible
parties (RPs) are not eligible to enter into voluntary cleanup
agreements, they may enter into consent orders to conduct voluntary
cleanups. Sites on or proposed for listing on the federal Superfund
program's National Priorities List (NPL) may not be subject to a
voluntary cleanup agreement or consent order without the concurrence of
EPA.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):** DCERPTF can be used to clean up eligible
active and abandoned dry cleaning sites provided that the applicant pays
all delinquent DCERP fees. A solvent surcharge paid by dry cleaners and
suppliers and an annual business registration fee are the significant
sources of funding.

**Federal Funds**---Grants or loans from federal funds available to TDEC
and any state funds used as a match to obtain federal funds may in
certain cases, at the discretion of the TDEC Commissioner, be used by
municipalities, counties, and/or other governmental instrumentalities to
assess and clean up sites. This portion of the statute has not been
implemented to date.

**Tax incentives (abatements, credits, etc.): **Tax increment financing
**(**TIF) can be used by local governments that have jurisdiction over
any part of a brownfields project.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):** No information available

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** EPA Region 9 Preliminary Remediation
Goals (PRGs) are used for initial screening. The criteria for selecting
containment and cleanup actions, including monitoring and maintenance
options to be followed under the VOAP, are identical to those under the
hazardous substance cleanup program. No formal Risk-Based Corrective
Action (RBCA) or comparable informal process is in place, but risk-based
cleanups can be done via site-specific assessment with standards based
on risk. Applicants can also request or develop standards based on
future use.

**Contaminants covered/excluded:** Petroleum, asbestos, and
polychlorinated biphenyls (PCBs) are covered. Lead paint is covered if
other hazardous substances are present. Statute covers hazardous
substances, solid waste, or any other pollutant.

**Use of long-term stewardship and institutional controls
(IC): **Tennessee has a long-term stewardship program for voluntary
sites. The 2001 amendments to the VOAP allow for enforceable land-use
restrictions.

> **IC Tracking:** Tennessee does have a tracking system for
> institutional controls.
>
> **IC Oversight and Monitoring:** The state reviews sites on a
> site-specific basis at least every five years. The results of the
> reviews are available to the public.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** No

**Costs to enter program or fees for service: **Participants are charged
a \$750 entry fee. Additional fees are charged per report or work
product: Site Characterization---\$2,000; Remedial Action---\$2,500;
Risk Assessment---\$2,000; Voluntary Agreement or Consent
Order---\$3,000; Site Specific Ground Water Classification---\$2,000;
Remedy Requirement Institutional Controls---\$500.

Additionally, participants are charged a \$3,000 annual assessment if
they remain in the program longer than one year.

**Funding source for administrative costs and staff:** The VOAP receives
funding from federal cooperative agreements, the state general fund, and
the state cleanup fund. Certain oversight costs are recovered from
participants.

***Cleanup Activities***

**Sites currently in VCP: **127 enrolled in the VOAP.

**Sites completed under VCP: **81 sites have received No Further Action
letters.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** Parties successfully completing the program are afforded
liability protection under all statutes contamination addressed in a
consent order or voluntary agreement. Additionally, parties may be
eligible for third party contribution protection provided they conduct
appropriate actual or constructive notice.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Upon entering into a voluntary agreement or consent order,
participants are required by statute to notify all local governments
having jurisdiction over any part of the subject property and all owners
of adjoining properties by certified mail. If it is determined that a
land use restriction is appropriate, a notice of land use restrictions
must be mailed to all local governments having jurisdiction over any
part of the subject property and to all owners of adjoining properties.
Furthermore, if a participant desires to receive third party
contribution protection, a notice summarizing the agreement must be
published in a newspaper. In addition, a 30-day comment period must be
provided for any interested party to respond.

**Public participation activities (hearing, meetings, etc.): **Public
hearings and meetings occur on an ad hoc basis.

***Statutory Authorities***

For details
visit:* http://www.state.tn.us/environment/dor/pdf/voap_statute.pdf.*