**Illinois**

> **General Information**
>
> **Contact:** Heather Nifong
>
> **Address:** Bureau of Land, Illinois Environmental Protection Agency
> (IEPA)\
> 1021 North Grand Avenue East\
> Springfield, IL 62794-9276
>
> **Phone:** 217 785 9407
>
> **Fax:** 217 524 1991
>
> **Email:** Heather.Nifong@illinois.gov
>
> **Web site:** *http://www.epa.state.il.us/land/cleanup-programs/*

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

**Brownfields definition:** Illinois defines a brownfield site or
brownfields to be a parcel of real property, or a portion of the parcel,
that has actual or perceived contamination and an active potential for
redevelopment. Environmental Protection Act, Title 17, Section 58.2.

**Program titles:**

• Site Remediation Program

• Office of Brownfields Assistance

• Leaking Underground Storage Tank (LUST) Section

• Permit Section -- Corrective Action Unit

**Liability relief provisions:**

• Site Remediation Program (SRP) (1989, revised 1996) -- Offers No
Further Remediation (NFR) letter after cleanup meets the risk-based
Tiered Approach to Correction Action Objectives (TACO)

• LUST Section -- NFR letter

• Permit Section-Corrective Action Unit -- No Further Action (NFA)
letter

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

• Municipal Brownfields Redevelopment Grant Program

• Brownfields Cleanup Revolving Loan Fund

• Bank Participation Loan Program (Chicago)

**Legislative or program site eligibility requirements:** Generally any
site not required to clean up under any other program (e.g., Resource
Conservation and Recovery Act (RCRA), Superfund) is eligible for the
Illinois Site Remediation 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.):**

• Municipal Brownfields Redevelopment Grant Program offers
municipalities grants of up to \$240,000 for investigation and cleanup
of brownfields. Sites must be enrolled in the Site Remediation Program
and investigation/cleanup activities must be approved. The grant has a
70/30 match requirement.

• Brownfields Cleanup Revolving Loan Fund offers stipulated loans up to
\$425,000 per site to municipalities to clean up former industrial
commercial or industrial sites. Sites must be enrolled in the Site
Remediation Program and investigation/cleanup activities must be
approved. Municipality must own the site.

• Bank Participation Loan Program (in Chicago) offers up to \$250,000 or
\$350,000 for commercial and industrial loans (respectively) that are
matched by banks at 75% of prime rate, for terms from three to 15 years.

**Tax incentives (abatements, credits, etc.): **No information available

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:**

• Under TACO, applicant has a choice of cleanup standards. Remediation
objectives generated by TACO are risk-based, site-specific, and derived
from Risk-Based Corrective Action (RBCA) and EPA Soil Screening Levels
(SSLs).

• The state uses background levels, water quality criteria, Maximum
Contamination Level/Maximum Contamination Level Goals (MCLs/MCLGs),
ground water standards, soil standards, and land use based standards to
establish cleanup objectives. In Tier 1 of TACO, site evaluators compare
site sample analytical results to baseline remediation objectives,
contained in \"look-up\" tables. These objectives are based on simple,
conservative models. In Tier 2, site evaluators take into account the
physical and chemical properties of the contaminants, site-specific soil
and ground water parameters, and the application of institutional
controls and engineered barriers. Tier 3 is used to address those
situations that site evaluators choose not to handle or cannot handle
under the first two tiers. These situations can range from simple sites
where physical barriers limit remediation, to complex sites where
full-scale risk assessments or alternative modeling are applied. Cleanup
standards are based on relative risks to human health with a 10--6
carcinogenic risk goal.

• The state uses deed restrictions and NFR letters as institutional
controls to ensure that specified land uses are maintained in the
future.

**Contaminants covered/excluded:** Petroleum and all hazardous
substances are included. Institutional controls allowed under TACO and
may include engineered barriers, ground water restrictions, highway
authority agreements, and land-use restrictions.

**Use of long-term stewardship and institutional controls (IC):**
Illinois assures the maintenance of land use controls through title
searches, physical site inspections, and enforcement of any identified
violations under the terms and conditions of the No Further Remediation
letter.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** April 1995

**Costs to enter program or fees for service:** User fees based on
personnel costs, overhead, travel, lab costs, etc. Fees on hazardous
waste treatment/disposal fund state participation.

**Funding source for administrative costs and staff:**

• The IEPA, Bureau of Land, Division of Remedial Management administers
the state brownfields and cleanup programs.

• The Site Remediation Program is funded through applicant user fees.
Other remedial activities are funded through cost recovery actions, the
solid waste tipping fees, and federal funding.

***Cleanup Activities***

**Sites currently in VCP: **1,158 sites as of February 15, 2008 are in
pursuit of completion letters.

**Sites completed under VCP: **Since 1989, 3,583 voluntary cleanup
program (VCP) enrollments and 2,185 completion letters issued. In 2007,
277 sites enrolled; 339 completion letters issued.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **No information available

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**
The Site Remediation Program requires public participation at sites
intended for use as schools. Public participation at other sites is
recommended on an ad hoc basis.

**Public participation activities (hearing, meetings, etc.):** No
information available.

***Statutory Authorities***

• The *Environmental Protection Act,* Title XVIII §58 (1970, amended
every year from 1983, 1993, and 1995, 1996), establishes the Hazardous
Waste Fund for state site cleanups and provides for enforcement,
contaminated property transfer, and voluntary cleanups.

**Indiana**

> **General Information**
>
> **Contact:** Michele Oertel
>
> EPA/Community Liaison & Outreach Coordinator\
> Indiana Brownfields Program
>
> **Address:** Indiana Brownfields Program\
> 100 N. Senate Ave., Rm 1275\
> Indianapolis, IN 46204
>
> Voluntary Remediation Program\
> Office of Land Quality, Indiana Department of\
> Environmental Management (IDEM)\
> P.O. Box 6015\
> Indianapolis, IN 46206-6015
>
> **Phone:** Indiana Brownfields Program:\
> 317 234 0235
>
> IDEM Voluntary Remediation Program:\
> 317 234 0966
>
> **Fax:** Indiana Brownfields Program**: **317 234 1338
>
> Voluntary Remediation Program**:\
> **317 234 0428
>
> **Email:** moertel@ifa.in.gov
>
> raharris@idem.in.gov
>
> **Web site:** *Indiana Brownfields Program
> http://www.brownfields.IN.gov*
>
> *IDEM Voluntary Remediation Program
> http://www.in.gov/idem/programs/land/vrp/index*

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

**Brownfields definition:** Indiana defines in statute a brownfield site
as a parcel of real estate that:

• Is abandoned or inactive; or

• May not be operated at its appropriate use; and

• On which expansion, redevelopment, or reuse is complicated because of
the presence or potential presence of a hazardous substance, a
contaminant, petroleum, or a petroleum product that poses a risk to
human health and the environment.

**Program titles:**

• Indiana Brownfields Program (1997)---Mechanism for state to partner
with communities to promote cleanup and redevelopment. The main goal is
to help communities identify and mitigate environmental barriers that
impede local economic growth by offering government assistance for the
assessment, cleanup, and redevelopment or reuse of brownfield properties
to revitalize communities. In 2005, the program was restructured under
Indiana Finance Authority (IFA).

• IDEM Voluntary Remediation Program (VRP) (1993)---Main goal is to
provide government approval for privately funded remediation projects,
some of which may be considered brownfields.

**Liability relief provisions:**

Indiana Brownfields Program offers Comfort Letters and Site Status
Letters to address environmental liability issues; highest forms of
"comfort" or "closure" offered at this time. Sites remediated with
federal or state brownfield funds may enter the IDEM VRP for a
Certificate of Completion (COC) or Covenant Not to Sue (CNTS).

IDEM VRP offers highest form of liability protection through a COC
issued by IDEM, followed by a CNTS from governor's office; contaminated
sites that are not subject to enforcement action or considered an
imminent threat to human health may participate.

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

• Indiana Brownfields Program Trails and Parks Initiative (TPI) -- via
two EPA Assessment grants to Indiana.

• Brownfields Cleanup Revolving Loan Fund (BCRLF) -- \$1 million EPA
award to Indiana in 1997 with annual repayments to be used for future
site assessments and possible loans.

• Federal Matching Grants -- via State Environmental Remediation
Revolving Loan Fund (ERRLF)

• Stipulated Site Assessment Grants (SAG) -- via ERRLF

• Stipulated Remediation Grants (SRG) -- via ERRLF

• Low-Interest Loans (LIL) -- via ERRLF

• Petroleum Remediation Grants (PRG)

• IDEM Excess Liability Trust Fund (ELTF) -- not specific to
brownfields, for regulated tank owners who pay/have paid into the fund
(ELTF recipients not eligible for PRG).

**Legislative or program site eligibility requirements:**

The Indiana Brownfields Program works under the directives of *Senate
Enrolled Act 360 (1997), House Enrolled Act 1909 (1999), House Enrolled
Act 1935 (2001), Senate Enrolled Act 273 (2001), Senate Enrolled Act 170
(2001), Senate Enrolled Act 321 (2001), Senate Enrolled Act 339 (2001),
federal HR 2869 (2001), House Enrolled Act 1714, and Senate Enrolled Act
207.*

Entry to IDEM VRP is open to any site unless an enforcement action is
pending, the site is a substantial and imminent threat, or a federal
grant requires action. Responsible parties may apply. The Indiana
Brownfields Program generally follows these standards in evaluating
eligibility for technical assistance. However, assistance is not
available to entities that caused or contributed to any site
contamination.

***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.):**

• EPA-capitalized Brownfields Cleanup RLF for \$350,000 (1997),
increased in 2000 to \$1,000,000; available to provide low interest loan
to eligible communities/private sector for cleanup/non-time critical
removals per Comprehensive Environmental Response Compensation and
Liability Act (CERCLA); the former Indiana Development Finance Authority
(IDFA, now IFA) served as fund manager. In 2003, the maximum amount of
funds were loaned to the City of South Bend for an abandoned landfill to
be redeveloped into the Fredrickson Park Environmental, Educational
Center. Indiana is the first state to loan RLF funds. Should another
eligible project come to the state's attention and be proposed to EPA,
additional federal RLF funds may be available for another loan.

• In 1997, state ERRLF (or the Brownfields Fund) established through
legislation---\$10,000,000 over three years to eligible cities, towns,
or counties (with funds having been reallocated to date); grants for
assessments; loans for assessments or remediation (including
demolition); applicants evaluated for several criteria, including
ability to repay, matching funds available, and economic development
potential; 50% allocated to jurisdictions with fewer than 22,000 people.

• On July 1, 1999, extra \$5,000,000 was added through legislation to
the ERRLF for forgivable loans; 20% of the ERRLF loan may be forgiven
for projects meeting community-determined economic development goals,
with priority given to former gas station or underground storage tank
(UST) sites, or facilities located within one-half mile of a child care
center or school.

• ERRLF applicants may partner/co-apply with private entities that did
not cause or contribute to any contamination. ERRLF loan recipients may
re-loan money to an eligible private entity, with 20% of the loan
forgiven if it meets criteria (noted in the first column); referred to
as the third-party model.

• Changes/clarifications to the ERRLF program/incentive include: 1)
allocation of funds to jurisdictions based on populations above or below
22,000 vs. 35,000; 2) Just In Time Funding where \$50,000 is available
annually outside the normal grant rounds (but as part of the \$1,000,000
now available per calendar year) to fund Phase II site assessments only
that would enable immediate economic development project needs. A city,
town, or county must match these grant dollars one for one and must
certify that a company or developer is imminently interested; 3)
clarification that Small Acquisition Grants Initiative (SAGI) funding
for remediation costs and retroactive funding (reimbursement) for prior
testing are not allowed; 4) increase in SAGI funds available (\$7,500
maximum for Phase I activities per site per round and \$50, 000 for
Phase II activities per site per round, totaling \$1,000,000 per year)
and in funding rounds (from two to four per year); and 5) Community
Revitalization Enhancement District (CRED) added as target area,
increased emphasis on local matching funds and on local brownfields
efforts.

• The Brownfields Petroleum Remediation Grant Incentive (PRGI) was a
result of the 2001/2003 state budget transfer of \$9,000,000 from the
IDEM Excess Liability Fund (ELF) to ERRLF for remediation of petroleum
contamination at brownfield sites. In August 2002, PRGI implemented
through IDFA/IDEM partnership. First state grants available for
remediation of brownfield sites. Total of four grant rounds to date.

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

• Brownfields Revitalization Zone tax abatements -- available in locally
designated "brownfields zones."

• Tax waiver -- Indiana Brownfields Program determines if site is a
brownfield.

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:**

• Risk-based process (Risk-Based Corrective Action-like) in place.
State's "Risk Integrated System of Closure" (RISC) non-rule policy,
which allows for consistent, risk based standards among all IDEM cleanup
programs, completed its one year transition period in February 2002,
through which time either RISC or VRP standards could have been used.

• Indiana developed default risk-based closure criteria for soil and
ground water and allows for site-specific risk assessments to determine
alternative closure levels.

• For voluntary cleanup sites, the state employs water quality criteria,
Maximum Contamination Level/Maximum Contaminant Level Goals
(MCLs/MCLGs), ground water standards, and soil standards in conjunction
with risk assessment to determine cleanup levels.

• Land use is considered in determining cleanup levels for state and
voluntary cleanups. Future land uses are considered either residential
or industrial. A party must control the site to select industrial use.
Indiana uses restrictive covenants recorded on deeds as institutional
controls for maintaining specified land uses.

**Contaminants covered/excluded:**

• Both programs cover hazardous substances and petroleum. Default
closure standards have been developed for approximately 150 common
constituents, excluding asbestos and polychlorinated biphenyls (PCBs).

• In Indiana Brownfields Program, asbestos, lead paint, and PCBs are OK,
as well as petroleum (for state and federally funded projects) now under
the new brownfields definition.

• In VRP, petroleum and PCBs are OK; no asbestos or lead paint.

**Use of long-term stewardship and institutional controls (IC): **Both
programs generally view institutional controls as acceptable.
Institutional controls are considered under RISC when determining
remediation-type activities. Indiana Brownfields Program Comfort/Site
Status Letters may indicate land-use restrictions as necessary.
Institutional controls may be approved on a site-by-site basis. Land-use
restrictions are enforced through Environmental Restrictive Covenants.
Sites with institutional controls are tracked by each program,
respectively, and are monitored as staff resources allow. While the VRP
maintains its own institutional control database, an office-wide
institutional control database is being developed that the VRP (and
possibly the Indiana Brownfields Program) will eventually be linked to.

> **IC Tracking:** Tracked by individual programs. As part of new ERC
> process, IDEM is developing a "registry" that will track sites that
> get ERCs. 
>
> **IC Oversight:** Policy is under development.
>
> **IC Monitoring:** Policy is under development.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** December 1995

**Costs to enter program or fees for service:** Indiana Brownfields
Program is free, and costs for services are currently not recovered from
program participants.

VRP is funded through application fees of \$1,000 (municipalities are
exempt) per site and through applicant agreements to pay additional
state costs. State costs for voluntary cleanups generally range from
\$5,000--\$20,000. VRP recovers costs for project administration,
technical evaluation, confirmatory sampling, and travel.

**Funding source for administrative costs and staff:**\
The Indiana Brownfields Program utilizes approximately 15 full-time
equivalent (FTE) staff. The IDEM Office of Land Quality employs
approximately 50 FTE staff in the VRP, including science
services/technical support staff (e.g., Chemists, Geologists, etc.).
Legal support is provided by a total of four (primarily two) FTE
attorneys in the Office of Legal Counsel. Staffing and administration
are primarily funded by the state general fund, the state cleanup fund,
and federal grants/cooperative agreements.

***Cleanup Activities***

**Sites currently in VCP: **As of February 2008, 689 VRP applicants and
737 Indiana Brownfields Program sites.

**Sites completed under VCP:**

• For the VRP, 552 active and completed sites.

• For the Indiana Brownfields Program, an approximate total of 173
Comfort Letters (10), Site Status Letters (80), Project Status Letters
(71), and NFA Letters (12) issued; 393 grants awarded; 27 loans
approved; and 42 Brownfields Environmental Assessment sites completed or
referred (not currently offering these).

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):**

• Both programs---Facilitate property transfers and brownfields
redevelopment thereby enhancing property values; are voluntary; provide
technical assistance; conduct educational and outreach activities;
utilize RISC closure levels for cleanup goals; and offer their
respective "closure" documents.

• VRP is a fee-based program that offers a COC and CNTS through the
governor's office for sites that have been remediated through VRP; this
is the highest level of liability protection offered for media,
constituents, and areas addressed.

• The Indiana Brownfields Program offers financial, legal, and technical
assistance. Participation in the Indiana Brownfields Program is at no
cost. The program offers Comfort Letters and Site Status Letters to
address liability issues as appropriate. While these documents do not
provide the level of liability protection as a CNTS (i.e., release of
liability), they often facilitate lending transactions and property
transfers.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**

• The Indiana Brownfields Program generally has no public participation
requirements, except for federally funded projects (e.g., RLF) where
such requirements may exist and with which the program must comply.

• VRP requires public notice. Hearings and meetings are held at IDEM's
discretion.

**Public participation activities (hearing, meetings, etc.):**

• While the Indiana Brownfields Program does not require such public
meetings/notices, public participation is an important selection factor
incorporated in all applications/request forms for receiving technical
and financial assistance. There is one site in the program that received
federal RLF loan funds where this was a requirement and where the
community held several public meetings about the project.

• VRP requires that all remediation work plans (100% of sites) be placed
on a 30-day public comment period in the IDEM file room, and in a
repository (typically a public library) in the community where the
subject property is located before formal work plan approval is granted.
Public officials in the affected community (mayor and county health
department) are notified when VRP accepts a project into the program,
and again when the work plan is placed on public notice. In addition,
the VRP Community Relations Plan requires that all program participants
notify residents or community groups in close proximity to the subject
property if impacts or activities at the site are likely to affect them.

***Statutory Authorities***

• The *Hazardous Substances Response Trust Fund,* IC §13--25--4 (1986,
as amended 1987, 1988, 1989, and 1991), establishes a state cleanup fund
and authorizes enforcement actions, and recovery of natural resource
damages (NRDs).

• The *Environmental Response Revolving Loan Fund* (IC §13--19--5--5).

• The *Responsible Property Transfer Law,* IC §13--25--3 (1990),
establishes disclosure requirements for contaminated property transfers.

• The *Voluntary Remediation of Hazardous Substances and Petroleum,* IC
§13--25--5 (1993), establishes a voluntary cleanup program.

• The *Brownfields Revitalization Zone Tax Abatement,* IC §6--1.1--42
(1997), provides for tax rebates under the brownfields program.

• The *Environmental Legal Actions Act,* IC §13--30--9 (1997),
establishes citizen suit authority.

• IDEM's petroleum response authority (IC §13--24--1).

• IDEM's leaking underground storage tank response authority (IC
§13--23--13).

• The Indiana Brownfields Program also works under the directives of
*Senate Enrolled Act 360* (1997), *House Enrolled Act 1909* (1999),
House Enrolled Act 1935 (2001), *Senate Enrolled Act 273* (2001),
*Senate Enrolled Act 170* (2001), *Senate Enrolled Act 321* (2001),
*Senate Enrolled Act 339* (2001), *Federal HR 2869* (2001), *House
Enrolled Act 1714,* and Senate Enrolled Act 207.

• *Legal Actions Act,* IC §13--30--9 (1997), establishes citizen suit
authority.

• *Comprehensive Environmental Response, Compensation, and Liability
Act, 42* USC §9601.

**Michigan**

> **General Information**
>
> **Contact:** Susan Erickson
>
> **Address:** Michigan Department of Environmental Quality (DEQ)\
> P.O. Box 30426\
> Lansing, MI 48909
>
> **Phone:** 517 373 9540
>
> **Fax:** 517 241 0858
>
> **Email:** ericksos@michigan.gov
>
> **Web site:** *http://www.michigan.gov/deqbrownfields*

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

**Brownfield definition:** Michigan's functional definition of
brownfield is any contaminated or potentially contaminated property with
a potential for redevelopment. In 103 of the state's urban areas
("qualified local unit of government"), this includes blighted and
functionally obsolete properties as well as contaminated properties.

**Program titles:** 

-   Brownfield Redevelopment Grants and Loans

-   Part 201 Cleanup and Redevelopment Program

-   Part 213 Leaking Underground Storage Tank Program

-   Brownfield Redevelopment Assessment Grants

**Liability relief provisions:** Completing a Baseline Environmental
Assessment (BEA) and submitting it to DEQ prior to or within 45 days of
purchase provides an exemption from liability for existing
contamination; non-liable new owners must use due care when redeveloping
the property; cleanup standards are land-use based. Covenants Not to Sue
may be sought, but have largely been replaced with BEAs.

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

-   Brownfield Redevelopment Grants and Loans are available to local
    units of government, Brownfield Redevelopment Authorities, and other
    eligible applicants for investigation and environmental cleanup of
    brownfield sites targeted for redevelopment.

http://www.michigan.gov/deq/0,1607,7-135-3311_4110_29262\-\--,00.html

-   A Brownfield Redevelopment Authority (BRA) can be created by county,
    city, township or village. A BRA can develop a brownfield plan for
    an area, or for specific properties targeted for redevelopment, and
    has tax-increment financing (TIF) and bonding authority to address
    eligible environmental, and in some cases, infrastructure costs at
    sites in the brownfield plan.

http://www.michigan.gov/deq/0,1607,7-135-3311_4110_23246\-\--,00.html

-   Michigan Business Tax (MBT) credits are available to developers of
    brownfield sites for up to 12.5% of eligible non-environmental
    costs, including site improvements, demolition, construction,
    equipment and other costs described below. Click on Brownfield
    Redevelopment at

http://www.themedc.org/Products-Services/A-Z-Programs/Default.aspx

-   Brownfield Redevelopment Assessment Grants are available to local
    governments for brownfields with redevelopment potential. Staff of
    the DEQ conduct environmental assessments to determine site
    conditions prior to reuse or redevelopment of a brownfield.

http://www.michigan.gov/deq/0,1607,7-135-3311_4109_4217-9546\--,00.html

-   The DEQ works closely with the Michigan State Housing Development
    Authority's (MSHDA) Community Assistance Team and the Michigan
    Economic Development Corporation (MEDC) on tax-increment financing
    and economic incentive programs for brownfield redevelopment. Other
    economic development and jobs programs through MSHDA, MEDC and the
    Michigan Department of Transportation are frequently used at
    brownfield redevelopment sites, but are not specifically linked to
    brownfields redevelopment. The Michigan Land Bank Fast Track
    Authority also helps return blighted tax-reverted properties, some
    which are brownfield sites, to productive use.

http://www.michigan.gov/deq/0,1607,7-135-3311_4110_23243-193969\--,00.html

-   Click here to be linked to a more detailed description of Michigan's
    brownfield incentives:

http://www.michigan.gov/deq/0,1607,7-135-3311_4110_23243-193970\--,00.html

**Legislative or program site eligibility requirements:** 

• Brownfield Redevelopment Grants and Loans: Eligible applicants include
local units of government and authorities or organizations created
pursuant to state law, such as a BRA or a Downtown Development
Authority. The local governing body must commit its full faith and
credit for loans. An eligible property can be either known or suspected
to be contaminated. Liability issues may result in a property or
applicant being ineligible for a grant or loan.

• Brownfield Redevelopment Authorities: Any local unit of government can
establish a Brownfield Redevelopment Authority. A BRA may adopt a
brownfield plan to provide either TIF to reimburse developers for the
costs of eligible activities, or MBT credits for qualified taxpayers for
their eligible investments. In order to be eligible for either TIF
reimbursement or MBT credits, the property must be in a BRA's brownfield
plan.

• Brownfield Redevelopment Assessment Grants: Candidate properties are
identified by a local unit of government and submitted to the
Brownfields Coordination Committee, which determines the investigation
priority among the candidate properties. Properties proposed for reuse
as public facilities are eligible for investigation. Sites proposed for
private redevelopment are higher priority if a developer has a strong
interest in the property, and if the property has tax-reverted to the
state or is under the control of the local unit government.

• Michigan Business Tax credits: Qualified taxpayers such as property
owners, lessees or parties that have agreed to purchase or lease
eligible property are eligible to claim a tax credit. The property can
be:

> 1\) A contaminated property in a qualified local unit of government;
>
> 2\) Blighted or functionally obsolete property in a qualified local
> unit of government;
>
> 3\) Contiguous to property that is contaminated, blighted or
> functionally obsolete in a qualified local unit of government;
>
> 4\) A contaminated property, or property that is contiguous to
> contaminated property, and not in a qualified local unit of
> government; or
>
> 5\) Tax reverted and owned or under the control of a land bank, or
> land bank fast track authority.

***Financial Elements***

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

• Property prioritized by communities for redevelopment can be addressed
with Brownfield Redevelopment Grants and Loans. Ultimately, the goal of
the Michigan DEQ's Brownfield Grant and Loan Program is to level the
playing field between brownfield and greenfield sites, and provide
incentives that encourage or leverage investment of funding by other
public and private sources. However, in order to attract projects that
maximize environmental benefits, brownfield grant and loan recipients
are encouraged to incorporate green building standards, walkability,
rain gardens and other storm water control measures into funded
projects. The DEQ coordinates with other state agencies and communities
to help identify project enhancements and complementary funding sources.

> Both grants and loans pay for assessment and cleanup, but a project
> must have a committed developer to qualify for a grant, or to use
> grant or loan funds for demolition costs. A loan may be used when the
> site has redevelopment potential. Loans have a five-year grace period
> with no interest and no payments. After the fifth year, nominal
> interest (currently 2%) is charged on the loan balance. Loans can be
> repaid with TIF collected by a BRA. Grants and loans can be made only
> to local units of government or quasi-government agencies like BRAs
> and local economic development corporations. Applications are accepted
> year-round to allow timely responses to developer timeframes.
>
> The grant and loan program is funded with \$75,000,000 in bond
> proceeds. About \$26,000,000 was available from these programs at the
> end of 2007. However, the funding source for grants and additional
> loan appropriations is nearly exhausted. Grant funds are expected to
> be fully depleted and the loan program will subsist on loan repayments
> starting in 2009. The Brownfield Redevelopment Grant Program has
> existed in Michigan since 1992.

• The Superfund Section has a brownfield property investigation grant
from the Superfund Program of the United States Environmental Protection
Agency (EPA). The Brownfield Redevelopment Assessment grants supplement
the state brownfields grants and outreach program. Utilizing these
federal funds, DEQ staff provide 12 free investigations per year to
local units of government and developers to evaluate properties for
redevelopment. The brownfield assessments provide enough information to
make remedial and due care decisions before a party commits to purchase
and/or redevelop a property. While federal funds are used, a property is
not entered into the Superfund evaluation or National Priorities List
(NPL) nomination process unless specifically requested by the state.

• Sites prioritized by DEQ based on threat to public health and the
environment and redevelopment potential are addressed based on available
funding. The DEQ's Part 201 Cleanup and Redevelopment Program and Part
213 Leaking Underground Storage Tank Program conduct site investigation,
studies and design, operation and maintenance, removal, and remedial
action. The DEQ also uses available funding for federal Superfund
program match and state program administration.

The Clean Michigan Initiative (CMI) is a \$675,000,000 bond issue
approved by voters in November 1998. It included \$156,000,000 for
brownfields cleanup; \$93,000,000 for cleanup of sites with acute
hazards; and, as described above, and \$75,000,000 designated for
Brownfield Redevelopment Grants and Loans. The CMI and its predecessor,
the Environmental Protection Bond Fund, are now depleted, and the state
has not identified a new funding source to replace them.

The Cleanup and Redevelopment Fund (CRF) is anticipated to be a
consistent source of revenue for cleanup activities. The amount of CRF
set aside for cleanups is 80% of 75% of the total amount of unredeemed
deposits on carbonated beverage bottles. This has averaged between
\$8,000,000 and \$14,000,000 a year, including interest.

The state recovers some funds from liable parties, but the amount varies
widely. Recovered funds are returned to the cleanup program.

A very small percentage of the cleanup program budget is supported by
general funds.

**Tax incentives (abatements, credits, etc.): **The MBT credit is
available for up to 12.5% of eligible investment in development (not
cleanup) costs made on an eligible property by a qualified taxpayer. For
redevelopments designated as Urban Development Area Projects (UDAP), a
credit of up to 20% for eligible costs is available until the end of
2010, then is reduced to 15%. An eligible property must be in an
approved Brownfield Redevelopment Plan, and eligible development costs
include site improvements, demolition, construction, restoration,
alteration, building renovation or improvement, and addition of
machinery, equipment, and fixtures. A UDAP includes projects located on
eligible property in a downtown or traditional business district or
traditional commercial corridor of one the 103 qualified local units of
government or a county seat. UDAPs typically include multistory,
increased density, mixed-use or walkable community developments,
sustainable and green redevelopment, or address areas with multiple
parcel redevelopments and underserved commercial areas.

Renaissance zones are virtually free of all state and local taxes for
businesses located within their boundaries. Many Renaissance Zones
include brownfield properties. There are over 150 geographic areas in
Michigan that are designated as renaissance zones. 

http://ref.michigan.org/medc/services/sitedevelopment/renzone/index.asp

**Other forms of support (environmental insurance, brownfield
redevelopment authorities, etc.):** BRAs are created locally to develop
and implement brownfield plans. Properties in a brownfield plan are
eligible for TIF to reimburse developers for eligible activities,
including environmental costs, demolition, and lead or asbestos
abatement. In the 103 qualified local units of government, TIF can also
be used for infrastructure improvements and site preparation costs. A
project must be in a brownfield plan to qualify for the MBT credit. A
BRA can issue bonds that are repaid with TIF. Finally, a BRA can also
establish a local site remediation revolving fund to capture excess tax
increment revenues for up to five years to conduct eligible activities
on other properties in the brownfield plan.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Risk-based standards in place for soils
and ground water (although not a formal Risk-Based Corrective Action
(RBCA)) in several land-use categories---residential, commercial and
industrial, and limited uses with institutional controls. DEQ may also
approve site-specific criteria.

The DEQ employs background levels, water quality criteria, Maximum
Contamination Level/Maximum Contaminant Level Goals (MCLs/MCLGs), ground
water standards, and soil standards as generic cleanup levels, or uses
site-specific risk assessment to determine cleanup levels. The DEQ uses
a risk goal of 10--5 for carcinogens and a Hazard Quotient of 1 for
non-carcinogens. Future land use assumptions are made based on
probability of continued current use, current zoning, and future zoning
or intended use as indicated by local governments. The DEQ uses deed
restrictions and ordinances as institutional controls to maintain
specified future land uses.

**Contaminants covered/excluded:** Does not restrict sites from the
Voluntary Cleanup Program (VCP) on the basis of contaminant; petroleum,
asbestos, lead paint, polychlorinated biphenyls (PCBs) all OK.

**Use of long-term stewardship and institutional controls
(IC): **Institutional controls are accepted and, with respect to cleanup
grants to communities, encouraged as cost saving as well as protection
action.

> **IC Tracking:** Privately-funded cleanups are not tracked by the DEQ.
> State-funded cleanups are tracked and available on our Web site:
> http://www.deq.state.mi.us/part201ss/
>
> **IC Oversight:** The DEQ does not oversee private cleanups.
>
> **IC Monitoring:** The DEQ does not monitor private cleanups.
> State-funded cleanups are monitored as necessary.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** July 1996

**Costs to enter program or fees for service: **Fee of \$750 to request
DEQ review and approval of BEAs.

**Funding source for administrative costs and staff:** Grant and loan
programs are administered by the Environmental Science and Services
Division of the DEQ. The brownfield programs are administered by one
supervisor, one administrative assistant, and four professional staff.
Technical expertise and support is provided by staff of the Remediation
and Redevelopment Division (RRD) of the DEQ.

The RRD administers the hazardous substance cleanup program. The
division employs 250 full-time equivalent (FTE) staff, and legal support
is provided by eight FTE attorneys in the Department of the Attorney
General, Natural Resources Division. Funding for staff and
administration is provided by a combination of the funding sources
described above.

***Cleanup Activities***

**Sites currently in VCP:** At the end of 2007, there were ongoing
activities at 400 sites where the DEQ is paying for response activities
prioritized based on threat to public health and the environment.

There were grant and loan projects in progress at 56 brownfield sites in
early 2008.

Voluntary cleanups undertaken without state funding assistance are not
tracked by DEQ.

**Sites completed under VCP: **By late 2007, the DEQ had committed \$927
million at nearly 1,800 orphan sites for cleanup and redevelopment and
provided oversight or assistance on more than 10,000 cleanup projects
performed by liable parties. The DEQ has also addressed 12,000 leaking
underground storage tank releases. From 1995 through late 2007, the DEQ
received 4,397 BEA petitions, which are reviewed at a cost of \$750. An
additional 6,742 disclosures were submitted without a fee or DEQ review.

Since 1992, the DEQ has awarded \$95 million to 228 brownfield grant and
loan projects.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** The DEQ estimates that its grants and loans have generated an
estimated 18,000 jobs, helped over 300 businesses locate on redeveloped
land, and stimulated \$3 billion in private investment. The private
sector has invested approximately 20 private dollars per every dollar of
grant funds.

BEAs protect new purchasers from liability for existing contamination.
This has greatly facilitated redevelopment of brownfield properties
statewide. A property purchaser who does not conduct a BEA before
purchasing contaminated property will become status liable for cleanup.

Covenants Not to Sue are available but are uncommon due to the relative
ease of conducting a BEA for liability protection.

Tax incentives through Brownfield Redevelopment Authorities and Michigan
Business Tax Credits are available to encourage investment in brownfield
property.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Michigan requires public notice, public comment,
hearings/meetings, and provides for citizen groups where appropriate.

**Public participation activities (hearings, meetings, etc.): **No
information available

***Statutory Authorities***

Part 201 of the Natural Resources and Environmental Protection Act,
Public Act 451 of 1994, as amended (NREPA), establishes a state cleanup
fund and provides enforcement authority, a priority list, Natural
Resource Damage recovery, citizen suits, water replacement, contaminated
property transfer requirements, and voluntary cleanups. Underground
Storage Tanks are regulated under Parts 211 and 213 of NREPA. Brownfield
Redevelopment Grants and Loans are funded under Parts 195, 196, and 201
of NREPA.
http://www.michigan.gov/deq/0,1607,7-135-3307_4132\-\--,00.html

**Minnesota**

> **General Information**
>
> **Contact:** Barbara Jackson
>
> **Address:** Minnesota Pollution Control Agency (MPCA)\
> Remediation Division\
> 520 Lafayette Road\
> St. Paul, MN 55155
>
> **Phone:** 651 296 7212
>
> **Fax:** 651 296 9701
>
> **Email:** barb.jackson@state.mn.us
>
> **Web site:** *http://www.pca.state.mn.us/cleanup/brownfields.html*

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

**Brownfields definition:** Brownfields are abandoned, idled or
underused industrial and commercial properties where expansion or
redevelopment is complicated by actual or suspected environmental
contamination. The state brownfields programs provide assistance or
legal assurances for parties seeking to investigate or cleanup
contaminated property.

**Program titles:**

• Voluntary Investigation and Cleanup Program (VIC) (1988)

• Agriculture Voluntary Investigation and Cleanup Program (AgVIC) (1993)

• Petroleum Brownfields Program (PBP) (1992)

• Resource Conservation and Recovery Act Program (RCRA)

**Liability relief provisions:**

• VIC Program (1988) -- Offers liability assurance ranging from No
Further Action Letters to Certificate of Completion.

• AgVIC Program (1993) -- Minnesota Department of Agriculture offers
similar assurances as MPCA's VIC program for sites contaminated with
agricultural chemicals.

• PBP offers site closure letters.

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

• Department of Employment and Economic Development (DEED) Contamination
Cleanup and Investigation Grant Program: Minnesota Cleanup Revolving
Loan Fund, and Redevelopment Grant Program

• MPCA Dry Cleaner Environmental Response and Reimbursement Account

• MPCA Petroleum Tank Release Cleanup Account

Minnesota Department of Agriculture (MDA) Agricultural Chemical Response
& Reimbursement Account (ACRRA)

• MPCA Site-specific brownfields assessments

• Metropolitan Council in Twin Cities region offers brownfields project
grants in seven-county area

**Legislative or program site eligibility requirements:** State law
imposes strict, joint and several liability standards on persons
responsible for releases of hazardous substances to the environment, as
appropriate, and may impose liability retroactively. The MPCA and MDA
may impose civil penalties up to \$20,000 per day for failure to take
formally requested cleanup actions. No punitive damages may be imposed.
Liability assurances are offered to parties that investigate and/or
clean up contaminated brownfield sites on a voluntary basis. The
assurances provide protection from Superfund liability.

***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.):**

• Contamination Cleanup and Investigation Grant Program provides \$ 8
million annually for grants to cities for cleanup at sites with
development potential; covers up to 75% of project costs.

• Dry Cleaner Reimbursement Fund reimburses current or former owners and
operators for cleanup costs over \$10,000 at dry cleaning facilities
that have entered the state's VIC program.

• MPCA approved Minnesota Environmental Response and Liability Act
(MERLA) (i.e., state Superfund) project expenditures for FY09 of
\$7,600,000, MERLA funds are used only when responsible persons fail to
take requested cleanup actions or there are no financially viable or
identified responsible persons for a release. Primary sources of MERLA
funds are cost recovery and taxes. Minor sources are penalties, interest
and occasional special appropriations. The MERLA fund may be used for
site investigation, Comprehensive Environmental Response Compensation
and Liability Act (CERCLA) match, studies and design, operations and
maintenance, removals, victim compensation, emergency response, grants
to local government, remedial actions, program administration, natural
resource restoration, and cost recovery.

Agricultural Chemical Response & Reimbursement Account may reimburse
corrective action costs to an eligible person for 80% of costs greater
than \$1,000 and less than or equal to \$350,000.

• MPCA has limited funds available for the assessment of brownfield
property that is likely to be developed as greenspace.

**Tax incentives (abatements, credits, etc.):** Legislature has limited
tax increment financing.

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls: **State uses a risk-based approach that
considers planned property use. Minnesota employs surface water quality
standards, ground water standards, and Maximum Contamination
Level/Maximum Contaminant Level Goals (MCLs/MCLGs), in conjunction with
risk assessments to determine cleanup levels. Minnesota has a tiered
approach for providing risk-based guidance on acceptable soil
concentrations (Soil Reference Values) for specific exposure categories.
In order to calculate individual Soil Reference Values, a 10--5 risk
level is used for carcinogens, and a Hazard Quotient of .2 is used for
non-carcinogens. Site-specific risk assessments can also be done in
order to select and apply cleanup values for sites.

Planned land use is considered in applying cleanup standards. A formal
guidance document, *Guidance on Incorporation of Planned Property Use
into Site Decisions*, identifies appropriate institutional controls for
specific sites with residual contamination. Minnesota uses a variety of
institutional controls including the following: environmental covenants,
affidavits/notification and easements.

**Contaminants covered/excluded: **The VIC program will provide
oversight of asbestos or lead if there is a release to the environment.
Petroleum contamination mixed with MERLA contaminants is allowed in the
VIC program but not if petroleum is the sole contaminant. The PBP
provides oversight of petroleum brownfield sites.

MDA AgVIC program addresses contamination from agricultural chemicals
only, which includes pesticides and fertilizers.

**Use of long-term stewardship and institutional controls (ICs):**
Institutional controls are used for purposes such as managing residual
contamination, maintaining response actions, and notifying future
property owners of the presence of residual contamination. Minnesota had
adopted the Uniform Environmental Covenants Act, Minn. Stat. ch 114E.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **May 1995

**Cost to enter program or fees for service: **Hourly fee charged for
MPCA and MDA staff time on projects.

**Funding source for administrative costs and staff: **The MPCA
Remediation Division administers the state Superfund program. A total of
36 full-time equivalent (FTE) MPCA staff work on the Superfund and the
VIC Programs. A total of 2.2 FTE staff work on the Superfund and AgVIC
Programs at the MDA. Minnesota's Attorney General's Office provides
legal support for the program with about two FTE attorneys. The state
program receives funding from the state cleanup fund. Minnesota's
federal grants include a Defense Summary Memorandum of Agreement (MOA)
for federal facility cleanups.

***Cleanup Activities***

**Sites: **507 are active in MPCA VIC. 220 sites are active in PBP 56
are active in MDA AgVIC.

**Sites completed: **Over 3,000 sites are completed in MPCA VIC.
Approximately 2,300 sites are completed in PBP and 245 sites are
completed in MDA AgVIC.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):**

• Over 3,000 jobs created and a \$3,000,000 increase in the tax base is
attributable to brownfields assistance.

• Recent figures from DEED show 13,224 jobs will be created at DEED
sites and 5,663 housing units will be created (1,178 deemed affordable
housing). Tax-base increases are estimated at \$41,360,000.

• Approximately 5% of all brownfield sites have been reused for parks,
open space or recreational facilities. Private leverage is estimated at
almost \$1,000,000,000.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**

**Public participation activities (hearings, meetings, etc.):** The
state provides for public notice, public comment and public meetings for
Superfund sites and some VIC sites. The state also supports community
advisory groups at some sites.

***Statutory Authorities***

The *Minnesota Environmental Response and Liability Act* (MERLA), Minn.
Stat. §§115B.01--.20 (1983, as amended 1984, 1985, 1986, 1987, 1990,
1992, 1994,1995, 1997, and 1998), establishes a state fund and provides
for enforcement authorities, a state priority list, Natural Resource
Damages (NRDs), and victim compensation.

**Ohio**

> **General Information**
>
> **Contact:** Ohio Environmental Protection Agency (OEPA):\
> Amy Yersavich, Voluntary Action Program (VAP)
>
> Tiffani Kavalek, Site Assessment & Brownfield Revitalization Program
> (SABR)
>
> Ohio Department of Development (ODOD):\
> Amy Alduino, Office of Urban Development (UD)
>
> **Address:** Voluntary Action Program or\
> Site Assessment & Brownfield Revitalization Program\
> Division of Emergency and Remedial Response\
> Ohio Environmental Protection Agency\
> P. O. Box 1049\
> Columbus, OH 43216-1049
>
> Ohio Department of Development\
> Office of Urban Development\
> 77 South Hight Street, 26th Floor\
> Columbus, OH 43215-6130
>
> **Phone:** VAP/SABR: 614 644 2924\
> UD: 614 995 2292
>
> **Fax:** VAP/SABR: 614 644 3146\
> UD: 614 466 4172
>
> **Email:** amy.yersavich@epa.state.oh.us[\
> ]{.underline} Tiffani.kavalek@epa.state.oh.us[\
> ]{.underline} oud@odod.state.oh.us
>
> **Web site:** VAP:
> *http://www.epa.state.oh.us/derr/volunt/volunt.html*
>
> SABR: *http://www.epa.state.oh.us/derr/SABR/sabr.html*
>
> UD: *http://www.odod.state.oh.us/ud/*

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

**Brownfields definition:** A brownfields is an abandoned, idled or
under-used industrial or commercial property where expansion or
redevelopment is complicated by known or potential releases of hazardous
substances and/or petroleum.

**Program titles: **

• Voluntary Action Program (VAP)---created to give companies a way to
investigate possible environmental contamination, clean it up if
necessary, and receive a promise from the State of Ohio that no more
cleanup is needed.

• Site Assessment & Brownfield Revitalization Program (SABR)---serves as
the contact for brownfields or contaminated sites not yet in any cleanup
program (e.g., VAP, remedial response, Superfund, RCRA corrective
action).

• Office of Urban Development (OUD)---assists communities in creating
wealth from personal, business, and community successes. OUD works to
identify the resources and financing necessary to enhance the economic
viability of local communities.

**Liability relief provisions:** A person undertaking a voluntary action
contracts with consultants certified by Ohio EPA to perform
investigation and cleanup activities in this program. Once the cleanup
is done, the Agency-certified consultant, a certified professional (CP),
and a laboratory also certified by Ohio EPA, prepare a No Further Action
letter (NFA) to demonstrate that proper investigation and cleanup
activities were performed and that no further action is needed. If the
data show that the work was properly conducted, Ohio EPA can issue a
Covenant Not to Sue (CNTS), which promises the volunteer that the State
of Ohio will not require further investigation or cleanup of the
property.

In addition, U.S. EPA and Ohio EPA have entered into a Superfund
Memorandum of Agreement (MOA) for the Voluntary Action Program, called
the "MOA Track." The MOA Track requires volunteers to follow the
existing procedures for VAP sites and conduct additional steps. The MOA
Track includes more Agency involvement, such as notice of entry into the
program, approval of certain documents and work plans, and greater
public involvement. Participants who conduct these additional steps have
the added comfort of knowing that the cleanup is being conducted under a
program that EPA has reviewed and determined to be adequate.

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

• Grant-funded technical assistance

• Clean Ohio Assistance Fund (COAF)

• Clean Ohio Revitalization Fund (CORF)

• Job Ready Sites (JRS) Program

• Brownfield Revolving Loan Fund

• Urban Redevelopment Loan Program

• Water Pollution Control Loan Fund

• Ohio Water Development Authority Loans

• Tax exemptions

• Tax credits

**Legislative or program site eligibility requirements:** Any property
is eligible for the VAP except for those already regulated under federal
or state law.

***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.):**

• Grant-funded technical
assistance---http://*www.epa.state.oh.us/derr/vap/guidance/GrantTA/grantta.html*

• Clean Ohio Assistance Fund (COAF)---a \$10 million annual
appropriation dedicated to brownfields redevelopment in eligible
priority investment areas. Eligible applicants such as local
governments, park and joint recreation districts, conservancy districts,
soil and water conservation districts, and nonprofit organizations are
eligible to receive grants for conservation projects from the Clean Ohio
Fund. Applicants must provide a 25% local match. Applicants undertaking
projects on properties located in an eligible area may expend the
dollars on three activities: 1) Phase I and Phase II Assessments; 2)
Brownfield Cleanup; 3) and Public Health Projects.
*(http://www.odod.state.oh.us/ud/COAF.htm)*

• Clean Ohio Revitalization Fund (CORF)---art of a \$200 million dollar
initiative approved by Ohio voters as part of the \$400 million Clean
Ohio Fund. *(http://www.odod.state.oh.us/ud/CORF.htm)*

• Job Ready Sites (JRS) Program---designed to stimulate the development
of large parcels of land and/or buildings that will be marketed to
attract state economy-shifting development projects. The maximum grant
award available per eligible site improvement project is \$5 million.
Awarded grant amounts cannot exceed 75% of the total costs of
improvements to eligible sites.
*(http://www.odod.state.oh.us/edd/obd/jrs/)*

• Brownfield Revolving Loan Fund (RLF)---capitalized by a grant from EPA
and offers below-market rate loans to assist with the remediation of a
brownfield property to return it to a productive economic use in the
community. *(http://www.odod.state.oh.us/ud/BCRLF.htm)*

• Urban Redevelopment Loan Program---removes development barriers from
urban core property so private sector job opportunities can be created.
*(http://www.odod.state.oh.us/EDD/Loans_Grants.htm)*

• Water Pollution Control Loan Fund---issues low-interest loans for
water-related brownfield activities, for terms up to 20 years.
*(http://www.epa.state.oh.us/defa/comguide.html)*

• Ohio Water Development Authority---extends loans to public or private
entities for remediation of property.
*(http://www.owda.org/doc/notesall.pdf)*

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

• Tax Abatement---upon issuance of a covenant not to sue from the
Director of the Ohio EPA for a remedy under the Voluntary Action
Program, the Department of Taxation will grant a tax exemption to the
property (ORC 5709.87). The exemption, which is issued as an order by
the tax commissioner, only covers the increase in the assessed value of
land and the increase in the assessed value of improvements, buildings,
fixtures, and structures that exist at the time the tax abatement order
is granted. The Department of Taxation will send copies of the exemption
order to the owner of the property and the County Auditor's Office. The
County Auditor's Office maintains the list of properties in the county
that are subject to taxes and exemptions. The abatement lasts for 10
years.

• Ohio Enterprise Zone
Program---*http://www.odod.state.oh.us/edd/ez/ezsummary.pdf*

• Brownfields Tax
Incentive---*http://www.epa.gov/brownfields/bftaxinc.htm*

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.)**: N/A

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** See Ohio Administrative Code rule
3745--300--01 through 3745--300--15 at\
*http://www.epa.state.oh.us/derr/Rules/rules.html*

**Contaminants covered/excluded:** Hazardous substances and/or
petroleum. Sites contaminated with petroleum not from Underground
Storage Tanks (USTs) are allowed entry into the VAP. In general, sites
contaminated with polychlorinated biphenyls (PCBs) after 1978, and which
exceed 50 parts per million (ppm), are excluded from the program without
prior remediation/compliance. Sites containing asbestos and lead-based
paint are eligible for the VAP.

**Use of long-term stewardship and institutional controls (IC):** Ohio
EPA audits at least 25% of the properties taken through the VAP.
Engineering controls are maintained through Operation and Maintenance
(O&M) Agreements.

If the property's remedy relies on "activity and use limitations"
(formerly known as use restrictions) to restrict property use, the
volunteer must provide to the CP a "proposed environmental covenant"
that complies with ORC §5301.82. The proposed environmental
covenant---with its activity and use limitations---is a remedy to
support the CP's issuance of an NFA letter.

> **IC Tracking:** ICs are tracked through the division's database
> (proclaims database).
>
> **IC Oversight and Monitoring:** OEPA inspects institutional controls
> (activity and use) every five years.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** July 2001

**Costs to enter program or fees for service:** The state charges a
range of fees to cover its program administration, including program
audits.

> CP initial certification ......................................\$
> 2,500.00
>
> CP renewal certification \$ 2,000.00
>
> Laboratories initial certification \$ 5,000.00
>
> Annual renewal fee for certified labs \$ 3,000.00
>
> Certification for additional parameter groups, analytes, or methods \$
> 500.00

NFA reviews:

Option 1---Flat Fee

> Phase I NFA w/no releases identified \$ 2,800.00
>
> Phase I NFA with asbestos as the only contaminant of concern
> identified \$ 5,900.00
>
> NFA which includes a Phase II Assessment (also includes risk
> assessment, if applicable) \$12,000.00
>
> NFA which includes an O&M Plan and
> Agreement......................................................\...\$16,600.00
>
> Variance from Applicable Standards (in addition to the other
> applicable NFA fees) \$22,400.00

Option 2---Pay-As-You-Go Option (PAYGO) allows the costs associated with
the NFA Letter review be directly billed to the volunteer. The VAP
charges a flat, nonrefundable fee to enter the program under this
option. The volunteer submits an "Intent to Enter the VAP" letter to
Ohio EPA along with the \$1,000 fee. VAP staff provide a cost estimate
and a review schedule to the volunteer following the kick-off meeting.
The estimate is based on the anticipated review time needed to review
the documents. The current average hourly rate is \$78.55/hour.

In addition, the program may provide technical assistance at an hourly
rate to any party participating in the program.

**Funding source for administrative costs and staff:**\
U.S. EPA grant, State Environmental Protection Fee, and fees for
service.

***Cleanup Activities***

**Sites currently in VCP: **262 NFAs have been issued by CPs since the
inception of the program in 1994. Of these, 17 were withdrawn by the CPs
(only allowed early in the program), 15 were denied a covenant not to
sue (CNS) by Ohio EPA, 14 did not request a CNS, and 31 are pending. In
addition, 26 properties have provided notices of entry into the MOA
Track.

**Sites completed under VCP: **210 properties have received a CNS from
Ohio EPA.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **Receiving a CNS has been a major incentive; also, the creation
of the COAF and the CORF as a source of funding for communities for site
assessment and brownfields cleanup and remediation. The tax abatement
has also been an incentive.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.):** The VAP is a totally voluntary program thus, no public
participation is required. The director's final action issuing a CNS is
publicly noticed. However, for the MOA with EPA, the CP and volunteer
must follow a step-wise process. The first step is the notice of entry
stage which requires submitting a Notice of Entry Form, setting up a
document repository and public noticing the entry into the MOA Track.
There is also a public notice step after the risk assessment and
remedial action plan have been completed.

**Public participation activities (hearing, meetings, etc.): **N/A

***Statutory Authorities***

• The Ohio Revised Code (ORC) §3734 (*Solid and Hazardous Waste
Disposal*) authorizes a cleanup fund and voluntary cleanup activities,
and provides enforcement authorities.

• ORC §3745 (*Environmental Protection Agency*) authorizes enforcement
activities and citizen suits.

• The ORC §3746 (*Voluntary Action Program*) provides for a cleanup
fund, and authorizes property transfer provisions and a voluntary
cleanup program.

• ORC §5301 (Environmental Covenants) establishes the requirements for
imposing activity and use limitations at remediated properties.

• ORC §6111 (Water Pollution Control) authorizes enforcement activities.

**Wisconsin**

> **General Information**
>
> **Contact:** Darsi Foss\
> Chief of the Brownfields and Outreach Section
>
> **Address:** Wisconsin Department of Natural Resources (WDNR)\
> Remediation and Redevelopment\
> 101 South Webster Street, Box 7921\
> Madison, WI 53707-7921
>
> Wisconsin Department of Commerce (Commerce)\
> 5th Floor, 201 West Washington Avenue\
> Madison, WI 53707
>
> **Phone:** WDNR: 608 267 6713 **\
> **Commerce:** **608 561 7714
>
> **Fax:** WDNR:** **608 267 7646**\
> **Commerce:** **608 266 8969
>
> **Email:** darsi.foss@wisconsin.gov
>
> **Web site:** WDNR: *http://dnr.wi.gov/org/aw/rr/*
>
> Commerce: *http://commerce.wi.gov/CD/CD-bfi-grants.html*

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

**Brownfields definition:** Wisconsin defines brownfields as abandoned,
idled, or under-used industrial or commercial facilities or sites, the
expansion or redevelopment of which is adversely affected by actual or
perceived environmental contamination.

**Program titles:** All brownfields and voluntary cleanups are conducted
in accordance with the Remediation and Redevelopment comprehensive one
cleanup program, following the NR 700 rule series cleanup requirements.
On June 3, 2006, Wisconsin Act 418 became effective; it contains
additional incentives to promote the cleanup and reuse of contaminated
properties.

**Liability relief provisions:** Program offers two primary forms of
end-relief after cleanup is completed:

• Case closure letters---Per ch. NR 726 for traditional cleanup process.

• Certificates of Completion (COCs)--- Voluntary Party Liability
Exemption (1994; amended 1997,1999, and 2006) process with an exemption
from liability that is transferable to new owners.

Wisconsin also offers liability exemptions for lenders, local
governments, and property owners impacted by contamination from off
site.

Wisconsin Act 418 expanded the environmental liability protections that
are already in place for local governments and private parties who enter
DNR's Voluntary Party Liability Exemption (VPLE) process, *s. 292.15,
Wis. Stats*. The legislation broadens the types of properties which may
be eligible for a VPLE to include waste disposal sites that are
considered "unlicensed solid waste landfills."

Wisconsin Act 418 created a new environmental liability exemption for
local governments that acquire title to properties where an "unlicensed
solid waste landfill" is or may be present on the property. The new
exemption in *s. 292.24, Wis. Stats*, is modeled on the spill law
exemption created in 1994 for local governments that acquire properties
through tax delinquency, for blight or slum purposes, condemnation, or
other specified purposes.

**Financial incentives (grants, loans, tax provisions, etc.): **All the
financial elements noted below are available to all properties
regardless of regulatory status.

**Legislative or program site eligibility requirements:** Any party,
including a responsible party (RP), is eligible to participate in the
state's comprehensive cleanup process, NR 700. Any type of contamination
site is eligible, including Leaking Underground Storage Tank (LUST),
hazardous waste, and spill sites. In November 2006, WDNR and EPA Region
5 signed the nation's most comprehensive One Cleanup Program Memorandum
of Agreement (MOA). This agreement clarifies that most contaminated
properties in Wisconsin may be cleaned up using the state's NR 700
process. (See the OCP MOA at
http://dnr.wi.gov/org/aw/rr/cleanup/ocp.htm.)

Sites where a person elects to address the known environmental
contamination go through the NR 700 process and receive a ch. NR 726
closure letter. This closure pathway comes with limited reopener
provisions for the area on the site that was addressed. With respect to
the VPLE process, after DNR approves environmental investigation and
cleanup of the *entire property*, the voluntary party receives a COC and
is protected from future liability. Since 2001, parties can use natural
attenuation to get a COC if they pay an environmental insurance fee
through state program. Wisconsin offers other specific liability
exemptions:

• Lenders and representatives---Five situations in which lenders are
exempt, including if a lender forecloses on a contaminated property.

• Local governments---Municipalities acquiring properties through means
such as tax delinquency, blight elimination, or eminent domain are
exempt from liability.

• Property owners whose contamination comes from off-site sources are
exempt from liability. WDNR was given authority to issue a variety of
assurance letters to clarify liability in various situations.

***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.):**

• Land Recycling Loan Program---\$2,700,000 in present value subsidy
(2007-2009 biennium) available for no-interest loans to municipalities,
for site assessment, and cleanup; 0.5% service fee.

• Site Assessment Grant Program---\$3,400,000 (2007-2009 biennium) for
grants to local governments for site assessment, investigation,
demolition, and tank removal; requires 20% match.

• Brownfields Green Space and Public Facilities Grant
Program---\$1,000,000 (2007-2009 biennium) available in grants to local
governments for environmental remediation of brownfields that will be
reused as greenspace, recreation areas, or used by a local government.

• Blight Elimination and Brownfields Redevelopment (BEBR)
Grants---\$13,000,000 (2007-2009 biennium) for public or private use,
for investigation, cleanup, and redevelopment; 20% to 50% match
required. This includes both state funds and federal Community
Development Block Grant (CDBG) funds.

• Dry Cleaner Environmental Response Fund---Funded through industry tax,
will reimburse up to \$500,000 per facility to clean up solvent
discharges.

• Environmental Fund---\$2.8 million available annually for state-funded
cleanups at priority contamination sites including some brownfields.

• EPA-funded Revolving Loan and Grant Program---EPA awarded \$5,500,000
to the Wisconsin Brownfields Coalition for the Ready Reuse Initiative,
which can fund remediation at petroleum and non-petroleum brownfield
sites (in development). WDNR awards both loans and sub-grants.

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

• Development Zone Tax Credits -- 50% of remediation costs in designated
zones.

• Business Improvement Districts (BIDs) -- use special tax assessments
in designated districts to raise revenues for Phase I and II
assessments, public improvements, redevelopment staff, and cleanup
costs.

• Environmental Remediation Tax Increment Financing -- Districts can be
created by local governments to recoup investigation and remediation
costs, with increment based on value-added of the clean site; eligible
costs expanded in 1999 to include underground tanks, and container and
asbestos removal.

• Federal Tax Deduction -- for both petroleum and hazardous substance
discharges. WDNR provides letter of eligibility to eligible parties.

• Counties (and Milwaukee) can cancel delinquent taxes if owner agrees
to clean up contaminated property.

• Counties (and Milwaukee) can transfer tax-delinquent brownfields
property to a new owner if the new owner agrees to complete cleanup.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **The state has developed the
Wisconsin Brownfields Insurance Program to provide insurance to
businesses and local governments that are cleaning up and developing
brownfields, at http://dnr.wi.gov/org/aw/rr/rbrownfields/wbip.htm.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Wisconsin has performance-based soil
cleanup standards (NR 700 rule series) that apply to all cleanup sites,
including VPLE sites. Risk-Based Corrective Action (RBCA)-like process
is in place; applicants have a choice of cleanup standards for soil
contamination---numeric values in regulation, site-specific cleanup
standards, or risk-based performance standards. Ground water must meet
enforcement standards or demonstrate that an adequate source control
remedy has been conducted and that the plume is stable or receding.

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

**Use of long-term stewardship and institutional controls
(IC): **Section 292.12, Wis. Stats., changed the way WDNR, Department of
Agriculture, Trade and Consumer Protection (DATCP), and Commerce
implement closures involving land use conditions to address residual
contamination. The state agencies will no longer rely on the use of deed
restrictions to ensure that land use conditions placed on a property at
the time of closure are maintained over time. Instead, the agencies have
specific statutory authority to place these land use conditions on a
property, and the owner of the property (or another person who has a
legally enforceable responsibility to comply with the requirements,
e.g., through a contract) will be responsible for complying with the
conditions set out by the state agency.

This change does not change the current environmental situations where
the state has in the past and will continue to require land use
conditions. Those three general situations are:

• Required maintenance of an engineering control.

• When a building or other structure inhibited full investigation of the
contamination, requires an investigation of the extent of residual
contamination and completion of any needed remedial actions, or if the
building or other structure is removed after the conclusion of the
remedial action.

• Impose limitations or other conditions related to the site (e.g.,
closure using industrial soil standards), in accordance with state
agency rules, to ensure that conditions at the property remain
protective and lead to appropriate redevelopment of the property.

This provision has two primary components:

• It clarifies that conditions, such as a requirement to maintain a
protective barrier or an engineering control on top of contaminated
soil, are the responsibility of whoever is the current property owner
(or another person with a legally enforceable responsibility to comply,
e.g., a contract).

• The public is advised of these conditions through an Internet registry
of properties with this type of closure approval, instead of looking for
individual deed restrictions for each property. The registry will
include detailed case closure letters that spell out the conditions that
must be maintained to ensure that the residual contamination is properly
managed. DNR will continue to conduct audits of a certain number of
these properties with land use conditions.

> **IC Tracking:** Sites with continuing obligations, such as
> institutional or land use controls, are tracked using
> <http://dnrmaps.wisconsin.gov/imf/imf.jsp?site=brrts2>.

**IC Oversight:** Each state regulatory agency has oversight for
post-closure obligations.

> **IC Monitoring:** WDNR is auditing 50 sites per year that have
> continuing obligations associated with them, such as an engineered
> cap, by using its EPA Section 128(a) State Response Program funds.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **October 1995 and November
2006

**Costs to enter program or fees for service: **There are fees for most
DNR oversight. Flat fees, per NR 749, range from \$500 to \$1,250
depending on the type of technical review requested in the traditional
cleanup review process. The cost for VPLE is a \$250 application fee and
an oversight fee for DNR staff of over \$80 per hour.

**Funding source for administrative costs and staff:** DNR staff who
conduct program support and oversee cleanups are funded from a range of
sources, including program fees, various EPA grants, and state funds.

***Cleanup Activities***

**Sites currently in VCP:**

• Over 9,000 sites are being cleaned up in the traditional cleanup
program, seeking closure letters.

• Over 160 active sites are in the VPLE program, seeking certificates of
completion.

**Sites completed under VCP:** Approximately 21,000 sites have received
close-out letters and over 80 sites have received COCs.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** Commerce grant program has assisted 152 brownfield projects by
awarding \$59,545,000 in brownfields grants, which will result in:

• Converting over 1,500 acres of abandoned or underused environmentally
contaminated sites into clean, viable properties.

• An increase of over \$1.5 billion in taxable property values.

• The creation of over 6,100 new jobs.

For WDNR's Site Assessment Grant (SAG) program:

> • 352 grants awarded for \$11.6 million.
>
> • Over 440 underground tanks removed.
>
> • Over 450 structures and buildings removed.
>
> • Over 148 Phase I assessments, 249 Phase II assessments and 251 site
> investigations conducted.
>
> • 180 Wisconsin communities assisted.
>
> • 1,185 acres of land addressed.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**
Established in ch. NR 714, Wis. Admin. Code.

**Public participation activities (hearing, meetings, etc.):**
Established in ch. NR 714, WAC, and varies from project to project
depending on site-specific information and community interest.

***Statutory Authorities***

Wisconsin Statute chapter 292 includes the primary authority for
environmental cleanups in Wisconsin including:

• Cleanup requirements for responsible parties (s. 292.11, Wis. Stats).

• Liability exemptions for local governments (s. 292.11(9)(e) and
292.23, Wis. Stats).

• Responsibilities for sites with residual contamination at closure (s.
292.12, Wis. Stats).

• Liability exemptions for contamination from off-site (s. 292.13, Wis.
Stats).

• Liability exemption for voluntary cleanups (s. 292.15, Wis. Stats).

• Liability exemption for lenders and representatives (s. 292.21, Wis.
Stats).

• Local government cost recovery cause of action (s. 292.33, Wis.
Stats).

The cleanup standards and regulations are in the ch. NR 700 rule series
of Wisconsin's Administrative Code and ch. NR 140 has the requirements
for ground water cleanup. Chapter NR 168 has the requirements for the
Brownfields Site Assessment Grant; ch. NR 173 contains the requirements
for the Public Facilities and Greenspace Grant program.