**Arizona**

> **General Information**
>
> **Contact:** Juli Boles, Brownfields Program Manager
>
> Jennifer Barr, Voluntary Remediation Program (VRP) Manager
>
> **Address:** Arizona Department of Environmental Quality (ADEQ)\
> 1110 W. Washington Street\
> Phoenix, AZ 85007
>
> **Phone:** Brownfields Assistance: 602 771 4170 or\
> 800 234 5677 ext. 771 4170\
> Voluntary Remediation Program: 602 771 4809\
> or 800 234 5677 ext. 771 4809
>
> **Fax:** 602 771 2302
>
> **Email:** boles.juli@azdeq.gov\
> barr.jennifer@azdeq.gov
>
> **Web site:**
> *http://www.adeq.state.az.us/environ/waste/cleanup/brownfields.html*

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

**Brownfields definition:** An abandoned or under-used property with an
active redevelopment potential that is complicated by either real or
perceived environmental contamination.

**Program titles:**

• ADEQ Brownfields Assistance Program

• ADEQ Voluntary Remediation Program (VRP)

**Liability relief provisions:** Prospective Purchaser Agreement (PPA).
If the purchaser of the property did not contribute to the contamination
at the site, potential Water Quality Assurance Revolving Fund (WQARF)
and state Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) liability may be avoided through a written
agreement with ADEQ. Pursuant to Arizona Revised Statutes (ARS)
§49-285.01, ADEQ may enter into a PPA, which provides a written release
and covenant not to sue for any potential WQARF liability for existing
contamination, if certain statutory conditions are met. Although this
statute also refers to providing immunity from contribution claims,
which can only be provided through a court decree, ADEQ lacks the
independent authority to prevent other parties from pursuing claims.

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

Targeted Site Assessment and Cleanup Grants -- Through an EPA grant,
funds are provided to perform an environmental site investigation, and
cleanup activities if needed, for a qualifying brownfield property. The
program is available to municipalities, prospective purchasers, and
parties who would not be found liable for any existing contamination at
the property. Information discovered during an investigation will be
considered a public record and will be made available for review at
ADEQ.

**Legislative or program site eligibility requirements: **The state's
brownfields program covers sites that are abandoned or idled as well as
underused industrial and commercial facilities where redevelopment is
complicated by real or perceived environmental contamination by
hazardous substances.

For a site to be considered a brownfield site, it must meet three
criteria:

• It is an underutilized commercial or industrial site;

• It has redevelopment potential; and

• The site's redevelopment potential is complicated by known or
perceived contamination with a hazardous substance as defined by CERCLA.

Anyone can participate in the VRP except those conducting:

• Remedial activities subject to corrective action at or closure of a
facility, which has qualified for hazardous waste interim status or to
which a hazardous waste permit has been issued.

• Remedial activities pursuant to a written agreement between the
applicant and the director.

• Remedial activities subject to a judicial judgment or decree.

• Remedial activities required by an administrative order issued by the
director prior to the submission of a VRP application.

• Remedial activities pursuant to a judicial action filed and served by
the state prior to the submission of a VRP application.

• Remedial activities at a site listed on, or proposed to be listed on,
the WQARF Registry.

• Corrective actions being taken pertaining to a regulated underground
storage tank (UST) unless a waiver of state assurance fund reimbursement
is completed.

***Financial Elements***

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

• The Voluntary Remediation Fund is financed by transfers and user fees
and may be used for program administration, remediation oversight, and
document review.

• The VRP program receives all of its funding from fees and federal
grants.

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

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** The remedies for cleanups are selected
on a site-by-site basis. With orphan sites, the state uses Maximum
Contamination Level/Maximum Contaminant Level Goals (MCLs/MCLGs), and
aquifer standards, which are equivalent to both water quality criteria
and ground water standards. If responsible parties are conducting
cleanup they may reach agreement with the state whereby the parties use
a risk-based cleanup standard. The state applies risk assessment for:
carcinogens/non-carcinogens (10-6 to 10-4 Hazard Index of less than or
equal to 1); background levels; aquifer standards; MCLs/MCLGs; soil
standards; and chemical specific health-based standards. Soil
remediation standards may be site-specific (10-6 to 10-4 for
carcinogens, Hazard Index of less than 1) or off-the-shelf (based on
10-6 for known carcinogens and 10-5 for others). The state uses the same
standards for Resource Conservation Recovery Act (RCRA) and Leaking
Underground Storage Tanks (LUST).

For the VRP, the state applies risk assessment for carcinogens and
non-carcinogens (10-6 to 10-4 and a Hazard Index of less than or equal
to 1), water quality criteria, ground water standards, soil standards,
and chemical specific health-based standards. ADEQ meets with the
Department of Water Resources (DWR) to examine the planned future land
use. In addition, ADEQ will conduct public meetings in order to decide
if it will perform a risk-based cleanup. For soil cleanups less
stringent than residential use standards, a Declaration of Environmental
Use Restriction (DEUR) is recorded after the cleanup (ARS §49--152 and
158).

**Contaminants covered/excluded:** Excluded---Crude oil and its
fractions. Covered---Hazardous substances that are mixed with petroleum
products; hazardous wastes as defined in the definition of hazardous
substance in CERCLA and including those listed under RCRA; hazardous
wastes that are ignitable, corrosive, reactive, or toxic.

**Use of long-term stewardship and institutional controls:** Arizona has
a long-term stewardship program for the state voluntary and brownfields
cleanup programs that includes monitoring, institutional controls,
review and reevaluation, and DEUR that run with the land.

> **IC Tracking:** The program maintains a database that tracks
> institutional controls and will be made available to the public via
> the ADEQ Web site. The database tracks both the implementation and
> monitoring of institutional controls at state cleanup program, VRP,
> brownfields, and federal facility sites. The primary users of this
> database are internal staff, property owners, and consultants.
>
> **IC Oversight and Monitoring:** The program provides oversight,
> review, reevaluation, and monitoring of ICs.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:**\
Effective February 9, 2001, the VRP interim fee rules:

• Establish a \$2,000 non-refundable application fee.

• Establish an hourly VRP oversight rate of \$110 per hour.

• Provide for an initial deposit of \$4,000, to be submitted with the
participant's work plan or request for an NFA determination.

• Provide for additional deposits of \$4,000, if an account drops below
\$1,000.

• Provide small businesses with the opportunity to pay the application
fee in installments under an agreement with the department.

• Provide for quarterly billing statements.

**Funding source for administrative costs and staff:** Fees and federal
grants

***Cleanup Activities***

**Sites currently in VRP:** 101

**Sites completed under VRP: **120 complete, 3 pending (7 Phase I/II
completed, 1 cleanup completed, and 1 cleanup in progress with
Brownfields Section 128(a) grant funding)

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

• Faster cleanup of environmental contamination.

• Streamlined processing and interaction with ADEQ.

• Expedited review and approval of cleanup activities.

• No further action determinations for successfully remediated
properties.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **ARS §49--289.02 requires the director to give notice of
remedial actions to affected communities.

ARS §49--289.03 states that the public will receive notice and be
provided an opportunity to comment to the director regarding the
following actions taken by the director:

• The placement of a site on the registry.

• The selection of a remedy.

• Entering into a PPA.

• Entering into a settlement with a responsible party.

The provision also requires the department to develop a community
involvement plan, including the establishment of a community advisory
board, for each site.

ARS §49--176 establishes the community involvement requirements for the
VRP, including requirements for notice and opportunity for comment.

**Public participation activities (hearing, meetings, etc.):**\
ARS §49--176(D) requires the director to consider written comments in
response to a public notice providing an opportunity to comment or any
public meeting held prior to approving a work plan pursuant to §49--177
or issuing an NFA determination pursuant to §49--181. The director may
require the applicant to conduct a public meeting prior to approving a
work plan for which notice is required pursuant to the statute.

***Statutory Authorities***

• The *Environmental Quality Act,* ARS, Title 49, Ch.2, §§281 to 298
(1986, as amended 1987, 1990, 1992, 1994, 1995, and substantially
amended in 1997), establishes the WQARF and provides for strict and
proportional liability, administrative orders, abatement and remedial
actions, injunctive actions, water supply replacement, civil penalties,
cost recovery, treble damages, and voluntary cleanups, and requires the
ADEQ to set risk-based remediation standards for residential and
nonresidential use. The 1992 Amendments, ARS, Title 49, Ch. 290 §10, Ch.
291 §8 and Ch. 300 §5, identify sources of Fund monies, authorize uses
of the Fund, set forth remedial action criteria, and provide additional
enforcement authority. ARS, Title 49, Ch. 295 (1992) provides for
environmental lien authority. The 1997 amendments provided for a new
registry, replacing the former priority list, changed the liability
standard to proportional, and provided detailed authority for voluntary
cleanups. The Environmental Liens (ARS §49--295) statute provides for
enforcement authorities and contaminated property transfer and notice.
Voluntary cleanups are provided for under the Greenfields Pilot Program,
ARS, Title 49, §§153 to 157/1997 and the VRP (ARS §§49--171 to 188) The
VRP also provides for brownfields and contaminated property transfer and
notice. Brownfields are also provided for under the BCRLF Program (ARS
§49-295).

• APC&EC Regulation 29---Brownfields Redevelopment

**California**

> **General Information**
>
> **Contact:** Kevin Shaddy\
> Statewide Brownfields Coordinator
>
> **Address:** California Department of Toxic Substances Control (DTSC)
>
> 1515 Tollhouse Road\
> Clovis, CA 93611
>
> **Phone:** 559 297 3929
>
> **Fax:** 559 297 3904
>
> **Email:** kshaddy@dtsc.ca.gov
>
> **Web site:** *http://www.dtsc.ca.gov/SiteCleanup/Brownfields/*[\
> ]{.underline} *http://www.calepa.ca.gov/Brownfields/*

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

Two regulatory bodies within the California Environmental Protection
Agency (Cal/EPA) oversee the cleanup of brownfields in California, the
Department of Toxic Substances Control (DTSC) and the Regional Water
Quality Control Boards (Water Boards). DTSC generally oversees the
cleanup of hazardous substance releases, while the Water Boards
generally oversee the cleanup of petroleum and other hazardous materials
that could potentially affect water quality. While there is overlap in
implementing these programs, the Water Boards generally address
brownfields cleanups using their Spills, Leaks, Investigations and
Cleanup Program (SLIC) or their Leaking Underground Storage Tank (UST)
Cleanup Fund Program. DTSC generally addresses brownfields cleanups
using programs under its Site Mitigation and Brownfields Reuse Program.
This survey focuses mainly on DTSC's cleanup programs.

**Brownfields definition:** Properties that are contaminated, or thought
to be contaminated, and are underutilized due to perceived remediation
costs and liability concerns.

**Program titles:**

• DTSC's Site Mitigation and Brownfields Reuse Program

• Voluntary Cleanup Program (VCP)

• The Cleanup Loans and Environmental Assistance to Neighborhoods
(CLEAN) Program

• School Property Evaluation and Cleanup Program

• Polanco Redevelopment Act and Redevelopment Agency Environmental
Oversight Agreement Program (EOA)

> • California Land Reuse and Revitalization Act of 2004 (CLRRA)

• Water Boards' Site Assessment & Cleanup Programs

• Leaking Underground Storage Tank Cleanup Fund Program

> • Spills, Leaks, Investigations and Cleanup (SLIC) Program

• Cal/EPA

> • Site Designation Program

**Liability relief provisions:** California's Lender Liability law
(Health and Safety Code (HSC) 25548-25548.7) exempts lenders from
liability under state and local laws and ordinances (but not from common
law liability) provided they do not participate in the management of the
property and did not directly contribute to the release or potential
release of hazardous substances on the property. Lenders acquiring
property through a foreclosure or its equivalent, must make a good faith
effort to sell the property.

Residential property owners and owners of common areas within a
residential common interest development are not liable for: 1) hazardous
substance releases that occurred prior to their ownership of which they
were unaware and had no reason to know about; and 2) a release of a
hazardous substance to ground water underlying the property if the
release occurred at a site other than the property.

CLRRA (effective January 1, 2005) initiates a voluntary program that
provides immunity from liability for response costs or damage claims to
qualified innocent landowners, bona fide purchasers, bona fide ground
tenants, and contiguous property owners of property in urban areas.
Participants seeking to qualify for immunity must enter into an
agreement that includes the preparation and implementation of a site
assessment plan and, if necessary, a response plan. A certificate of
completion is issued upon determining that all response actions have
been satisfactorily completed in accordance with the agency approved
response. This statute will repeal on January 1, 2010 but immunities
granted will continue after that date if the person remains in
compliance with the requirements.

A Prospective Purchaser Agreement (PPA) is a legally binding agreement
between DTSC or a Water Board and a prospective purchaser, which limits
the purchaser's liability to either DTSC or the Water Board for known
releases of hazardous substances or materials at the property in
exchange for a commitment by the purchaser to undertake or fund some or
all of the necessary site cleanup activities. The PPA does not provide
liability protection from the federal government or from any additional
contamination.

DTSC and the Water Boards also have general policies not to pursue
enforcement for cleanup against prospective purchasers/tenants/lessors
who become site owners or operators if all of the following conditions
are met:

• They do not exacerbate or contribute to the existing contamination.

• Their operation will not result in health risks to persons on the
site.

• They are not a responsible party (or affiliate) with respect to the
existing contamination.

• They allow access for, and do not interfere with, remediation
activities.

• Unauthorized disposal is not occurring on the site

• There are other viable responsible parties who are willing to conduct
any necessary remediation.

The Polanco Redevelopment Act provides immunity from liability for
redevelopment agencies that undertake and complete an action, or cause
another person to undertake and complete an action, to remedy or remove
a hazardous substance release on, under, or from property within a
redevelopment project area. Upon proper completion of a removal or
remedial action, this immunity from liability extends to subsequent
property owners and operators and may extend to others involved in the
redevelopment process. The immunity from liability is expressly not
extended to persons who were responsible parties for the release. DTSC
developed a program specific to redevelopment agencies exercising their
authority under the Polanco Redevelopment Act. The Redevelopment Agency
Environmental Oversight Agreement Program provides a standardized,
menu-driven approach to streamline cleanup for these agencies by
encouraging more effective integration with local processes.

A Site Designation program was created to minimize and/or eliminate the
duplication of effort of state and local regulatory agencies involved in
the oversight of site cleanup and to ensure approval by all
participating agencies. A Site Designation Committee designates an
appropriate administering agency that consults with other appropriate
support agencies to ensure consistency in applying the other agencies'
requirements. A certificate of completion is issued after a site cleanup
has been completed. Once issued, the certification provides that no
additional cleanup work (other than compliance with the certificate
conditions) need be done absent special circumstances.

The Expedited Remedial Action Program (ERAP) (HSC 25396-25399.2) is a
pilot program established in 1994. It utilizes the Site Designation
process and therefore provides a certificate of completion following the
cleanup. This program also provides a covenant not to sue to the
participating responsible parties following completion of the cleanup.

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

• Targeted Site Investigation---Using grant funds provided by EPA
through the State Response Program grant, the Targeted Site
Investigation (TSI) program provides funds for DTSC to perform
environmental site investigations at no cost to the applicant. The TSI
funds are intended to provide state and local governments, school
districts, redevelopment agencies, or nonprofit organizations an
opportunity to gain more information about a site's condition, which can
directly affect decisions on property acquisition or cleanup strategy.

• The CLEAN Program, established in 2000, provides low-interest loans
for site characterization (up to \$100,000) and site cleanup (up to
\$2,500,000) to help developers, businesses, schools, and local
governments accelerate the pace of cleanup and redevelopment at sites.
Currently, there is no new funding available for this program. DTSC
hopes to accept applications again in late-2008.

-   DTSC, partnering with San Francisco and Los Angeles, received a
    competitive Revolving Loan Fund grant DTSC anticipates that RLF
    funding may be available as early as spring 2008.

-   ERAP provides funding for the portion of cleanup costs allocated to
    responsible persons who are deceased, cannot be identified or
    located, or are found to be insolvent. DTSC makes the allocation of
    liability at the time the remedial action plan is proposed.

**Legislative or program site eligibility requirements:\
**VCP---Most sites are eligible unless listed as a federal or state
Superfund site, a military facility, a site that falls outside of DTSC's
jurisdiction, or if another agency currently has oversight. The focus of
the program is to help revitalize California's urban areas.

CLRRA---To qualify for liability relief, there are specific eligibility
requirements for both the property and for innocent landowner, bona fide
purchasers, and contiguous property owners. A person must establish
specific conditions to qualify including:

• Conducting All Appropriate Inquiries.

• Exercising appropriate care with respect to the release or threatened
release.

• Providing full cooperation and site access to those conducting the
response action.

• Complying with land use controls.

• Complying with requests for information.

• Providing all notices and satisfying reporting requirements.

CLEAN Program---There are eligibility requirements for the person
applying for these low-interest loans and for the property where the
loan will be utilized. Eligible properties include: properties within
enterprise zones; properties where redevelopment will meet specified
requirements that will benefit local government and/or the local
community; and properties being used to expand industrial or commercial
facilities owned or operated by nonprofit corporations or small
businesses.

Redevelopment Agency EOA Program---This program is only available to
local redevelopment agencies for properties located within a
Redevelopment Project Area, as defined by statute.

The School Property Evaluation and Cleanup Division ensures the
assessment and cleanup of proposed school property sites to a level that
protects the students and faculty who will occupy the new school. All
proposed school sites that will receive state funding for acquisition or
construction are required to go through a rigorous environmental review
and cleanup process.

***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.): **

DTSC, partnering with San Francisco and Los Angeles, received a
competitive Revolving Loan Fund grant DTSC anticipates that RLF funding
may be available as early as spring 2008.

The CLEAN Program offers low-interest loans of up to \$2,500,000 for the
cleanup or removal of hazardous materials at underused urban properties
where redevelopment is likely to have a beneficial impact on the
property values, economic viability, and quality of life of the
surrounding community.

UST Cleanup Fund is administered by the State Water Resources Control
Board. The Fund reimburses for allowable costs in the cleanup of
releases from underground storage tanks.

The Toxic Substances Control Account (TSCA) is used for site
investigation, studies and design, removal and remedial actions
(prohibited until responsible parties (RPs) are given notice and
opportunity to clean up), emergency response, operations and
maintenance, state Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) match, program administration, and enforcement
against RPs.

Reimbursement funding also comes from site specific reimbursement
agreements as a result of consent agreements and may be used for site
investigation and design, removals, operations and maintenance,
long-term stewardship, and remedial actions.

VCP Agreements are fee-for-service programs which cover services ranging
from an initial site assessment, to oversight and certification of a
full site cleanup, based on the proponent's financial and scheduling
objectives. The VCP agreement specifies the estimated DTSC costs,
scheduling for the project, and DTSC services to be provided.

The SLIC Program is the Water Board's VCP equivalent. Agreements require
the applicant to pay for the cost of Water Board oversight of their
activities.

**Tax incentives (abatements, credits, etc.): **None

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):\
**The California Financial Assurance and Insurance for Redevelopment
Program (FAIR Program) (HSC 25395.40-25395.45) is authorized by statute
but implementation of the program has been unsuccessful to date. The
objective of the FAIR Program is to lower the transaction costs of
environmental insurance by providing a package of pre-negotiated and
standardized policies to stimulate the cleanup and redevelopment of
brownfields and other environmentally impaired properties throughout the
state.

***Program Elements***

***Technical Elements***

**Methods/standards/controls: **The DTSC cleanup processes generally
follow the federal National Contingency Plan (NCP) cleanup process.
ERAP, the California Land Reuse and Revitalization Program, and the
Redevelopment Agency EOA Program provide alternative cleanup approaches
which do not require consistency with the NCP cleanup process. The
following discussions relate to DTSC's cleanup processes. The Water
Boards may also follow this process, but generally follow a less
structured cleanup process developed under the Water Code.

DTSC follows EPA guidance for risk assessments and uses the federal risk
management range with 10-6 as the point of departure. The state
publishes chemical-specific toxicity factors that are useful in
assessing potential risks and hazards from chemicals at sites. Cal/EPA
developed screening levels for hazardous substances typically found at
brownfield sites to assist developers and local governments in
estimating the costs and extent of cleanup. Water Boards develop Basin
Plans which set cleanup requirements for ground water and surface water
within each basin. Recent legislation (AB 422) requires DTSC and the
Water Boards to evaluate the potential for migration of chemicals into
indoor air.

Cleanup plans are called Remedial Action Plans (RAPs) or Removal Action
Workplans (RAWs) depending upon the capital costs of the recommended
cleanup alternative. RAPs are generally used if capital costs for the
proposed cleanup method are estimated to be more than \$1,000,000 and
use the nine federal criteria to evaluate alternatives in addition to
six state criteria. RAWs are generally used if capital costs are
estimated to be \$1,000,000 or less and use three evaluation criteria
similar to the federal Engineering Evaluation/Cost Analysis (EE/CA)
guidance.

Land use restrictions placing limits or requirements on future use of a
property are required by regulations when properties are not remediated
to unrestricted use criteria. DTSC is statutorily required to maintain a
list of all land use restrictions recorded as a condition of cleanup to
protect the public from unsafe exposures to residual contamination that
is left in place. Deed Restricted Sites are posted on the DTSC Web site
in the EnviroStor database to provide the public easy access to
information on deed restrictions and affected sites.

All of the cleanup programs make a determination for sites within the
program that do not pose an unacceptable risk. DTSC issues a no further
action determination or certifies a site once the final remedy has been
fully implemented. The Water Boards issue a no action letter or a no
active cleanup letter at case closure. Both entities issue a certificate
of completion following implementation of the final remedy for sites
within the Site Designation Program.

**Contaminants covered/excluded: **DTSC generally regulates hazardous
substances, consistent with the federal definition. Petroleum releases
from non-underground storage tank releases may also be addressed. DTSC's
School Property Evaluation and Cleanup Program also addresses
naturally-occurring chemicals. The Water Boards regulate hazardous
materials which include petroleum hydrocarbons.

**Use of long-term stewardship and institutional controls (IC): **DTSC
has a long-term stewardship program that covers all cleanup activities.
The state allows institutional controls, monitors and enforces cleanups,
and completes audits. Institutional controls include well drilling
restrictions, easements, restrictive covenants, reversionary interests,
deed restrictions, and notices placed on deeds. As mandated by state
law, DTSC maintains a list of deed-restricted properties that is
available on the Internet.

> **IC Tracking:** Institutional controls used by DTSC to notify the
> public include posting sites, publishing notices in newspaper,
> creating mailings for local residents, and maintaining the EnviroStor
> database. The state has a process outlined in statute to remove a deed
> restriction if a site is remediated to unrestricted use.
>
> **IC Oversight:** DTSC is currently utilizing the Terradex^TM^
> LandWatch system to give early notification of potential activities on
> properties subject to land use restrictions implemented as part of a
> final remedy for a site under DTSC oversight.
>
> **IC Monitoring:** In addition to deed restrictions, DTSC's
> regulations also require financial assurance for sites that are not
> cleaned to levels appropriate for unrestricted use. DTSC also requires
> the periodic review of site conditions to ensure that site conditions
> have not changed and that the remedy is still effective.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service: **DTSC is obligated to
recover its costs and does this through voluntary cleanup agreements,
reimbursement agreements, contracts, and settlements. The Water Board
SLIC program also requires reimbursement of staff costs.

**Funding source for administrative costs and staff: **For DTSC, TSCA
(75%), federal grants (20%), and reimbursement monies (5%).

***Cleanup Activities***

**Sites currently in VCP: **DTSC staff conducts and oversees cleanup on
an average of 720 hazardous substance release sites at any given time.

**Sites completed under VCP: **DTSC staff issue either certifications or
no further action decisions on an average of 215 cleanups per year.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **The VCP allows motivated parties who are able to fund the
cleanup---and DTSC's oversight---to move ahead at their own speed to
investigate and remediate their sites in keeping with DTSC processes and
standards.

PPAs provide legal protection to purchasers or developers who are
willing to clean up contaminated sites at their own expense, but are
apprehensive about liability for existing contamination. Under a PPA,
DTSC provides a covenant not to sue for existing contamination and
provides for contribution protection.

The ERAP revises a liability scheme based on fair and equitable
standards and provides indemnification protection through a covenant not
to sue.

The Redevelopment Agency EOA Program allows redevelopment agencies to
enter into agreements with DTSC for oversight and services under the
Polanco Act, which unlike the VCP, does not designate these agencies as
RPs. This program also allows redevelopment agencies to initiate
investigative and/or cleanup work, while reserving their option to
withdraw from the process without negative consequences.

CLRRA provides broad liability relief from numerous statutes as well as
immunity from non-agency claims for response costs or other damages.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **DTSC publishes a Public Participation Guidance Manual to assist
those cleaning up sites in conducting the required public participation
activities. For each site undergoing site characterization and cleanup,
DTSC assesses the community around the site to determine what their
specific interests and needs are with respect to the site and how best
to involve them in DTSC's decision-making process. Fact sheets, public
notices, work notices, and responsiveness summaries (i.e., in response
to comments received on remedy selection documents) are generally
required to keep people informed. Anyone affected by a removal or
remedial action must be provided with the opportunity to participate in
DTSC's decision-making process. DTSC must develop and make available to
the public, a schedule of activities for each site. These policies apply
to both state Superfund and VCP sites.

The Porter-Cologne Act contains specific notice requirements including a
requirement that the Water Boards must publish a list of sites where
Methyl Tertiary Butyl Ether (MTBE) has been detected in ground water.
For sites under CLRRA, specific public participation requirements are
described for the Water Boards.

The California Land Reuse and Revitalization Act specifies public
participation requirements for both DTSC and the Water Board. Fact
sheets, public notices, work notices, and responsiveness summaries
(i.e., in response to comments received on remedy selection documents)
are generally required to keep people informed. The Response Plan must
undergo a 30-day public review and comment period.

**Public participation activities (hearing, meetings, etc.):** DTSC
generally holds at least one public meeting before adopting a remedial
action plan. The determination whether to require a public meeting at
other times during the cleanup process is based upon an assessment of
the specific needs of the surrounding community.

The Porter-Cologne Act contains requirements to notify interested
persons of public hearings or meetings concerning a site. Water Boards
have traditionally used their Board meetings to provide interested
persons with an opportunity to comment on a project. For high interest
sites, community meetings may also be held near the project location.

***Statutory Authorities***

California Health and Safety Code:

• The *Hazardous Substance Account Act,* Division 20, Chapter 6.8
§§25300 et seq. (1981, as amended in subsequent years) establishes the
Site Mitigation Program and provides for cleanup funding, enforcement
authority, priority list, long-term stewardship, voluntary cleanup,
establishes the CLEAN Program (§§25395.20--25395.32), the FAIR Program
(§25395.40--25395.45) and the Private Site Manager Program
(§25395.1--25395.15).

• Division 20, Chapter 6.85 (HSC 25396--25399.2) establishes the ERAP.

• Division 20, Chapter 6.82 (§25395.60--25395.105) and Chapter 6.83
(§25395.110--25395.119) contains the liability protections contained in
the CLRRA.

• Community Redevelopment Law (Polanco Redevelopment Act), Division 24,
Part 1, Chapter 4, Article 12.5, §33459--33459.8.

• Division 20, Chapter 6.65, §§25260--25268 of the California Health and
Safety Code Unified Agency Review of Hazardous Release Sites (HSC
25260--25268) establishes the Site Designation Program and process.

-   Environmental Review Process for Proposed New or Expanding School
    Sites: Education Code, sections 17210, 17210.1, 17213.1, and 17213.2

California Code of Regulations:

• Title 22, Chapter 390, §67391.1 contains regulations requiring land
use covenants and financial assurance for sites not cleaned up to
unrestricted residential cleanup standards.

• Title 22, Chapter 40, §§67401.3 and 67401.7 contain regulations for
ERAP.

• Title 22, Chapter 47, §§68200-68214 contains regulations for the CLEAN
Program.

• Title 22, Chapter 51, §§69000-69013 contains regulations for the
Private Site Manager Program.

• Title 22, Chapter 51.5, §§69100-69105 contains regulations for Phase I
Environmental Site Assessments conducted for potential school sites.

**Guam**

**General Information**

**Contact:** Roland Gutierrez

> Guam Environmental Protection Agency (GEPA)

**Address:** DSMOA / Brownfields Program Guam Environmental Protection
Agency

P.O. Box 22439 GMF Barrigada, GU 96913

**Phone:** 671 475 1658

**Fax:** 671 477 9402

**Email:** Roland.Gutierrez@guamepa.net

**Web site:**
*http://www.guamepa.govguam.net/programs/admin/brownfields.html*

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

Guam EPA has recently begun addressing brownfield sites and works in
partnership with the Guam Economic Development and Commerce Authority,
the Port Authority of Guam, and the Guam International Airport
Authority. It is their goal to identify and evaluate the risks posed by
these properties and find solutions so that reuse and redevelopment is
possible.

**Brownfield definition:** Brownfield means 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. The Brownfields Site definition is found in Public Law
107-118 (H.R. 2869) - \"Small Business Liability Relief and Brownfields
Revitalization Act\" signed into law January 11, 2002.

**Program titles:** Guam Environmental Assessment & Remediation (GEAR)
Program

**Liability relief provisions: **None

**Financial incentives (grants, loans, tax provisions, etc.):** None

**Legislative or program site eligibility requirements: **

The Brownfields Law identifies three types of properties that are
specifically eligible for funding:

1.  Sites contaminated by ***controlled substances***

2.  Sites contaminated by ***petroleum or a petroleum product***

3.  ***Mine-scarred lands***

[Sites Not Eligible for Funding Without a Property-Specific
Determination]{.underline}

1.  Facilities subject to planned or ongoing Comprehensive Environmental
    Response Compensation and Liability Act (CERCLA) removal actions.

2.  Facilities that are subject to unilateral administrative orders,
    court orders, administrative orders on consent or judicial consent
    decrees or to which a permit has been issued by the United States or
    an authorized state under the Solid Waste Disposal Act (as amended
    by the Resource Conservation and Recovery Act (RCRA)), the Federal
    Water Pollution Control Act (FWPCA), the Toxic Substances Control
    Act (TSCA), or the Safe Drinking Water Act (SDWA).

3.  Facilities subject to corrective action orders under RCRA (sections
    3004(u) or 3008(h)) and to which a corrective action permit or order
    has been issued or modified to require the implementation of
    corrective measures.

4.  Facilities that are land disposal units that have filed a closure
    notification under subtitle C of RCRA and to which closure
    requirements have been specified in a closure plan or permit.

5.  Facilities where there has been a release of polychlorinated
    biphenyls (PCBs) and are subject to remediation under TSCA.

6.  Portions of facilities for which funding for remediation has been
    obtained from the Leaking Underground Storage Tank (LUST) Trust
    Fund.

    [Sites Not Eligible for Brownfields Funding and Not Eligible for a
    Property-Specific Determination]{.underline}

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1.  Facilities listed (or proposed for listing) on the National
    Priorities List (NPL).

2.  Facilities subject to unilateral administrative orders, court
    orders, administrative orders on consent, or judicial consent
    decrees issued to or entered into by parties under CERCLA.

3.  Facilities that are subject to the jurisdiction, custody or control
    of the United States government. (NOTE: Land held in trust by the
    United States government for an Indian tribe is eligible for
    brownfields funding.)

***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.):**

-   128(a) -- \$400,000 for Brownfields Site Assessment and Cleanup
    (2004)

    -   \$350,000 for Brownfields Site Assessment and Cleanup (2007)

    -   \$350,000 for Brownfields Site Assessment and Cleanup (2009)

-   104(k) -- \$200,000 for Hazardous Substance Site Assessment and
    \$200,000 for Petroleum Site Assessments (2006 -- 2009)

**Tax incentives (abatements, credits, etc.):** None

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** None

**Contaminants covered/excluded:** Petroleum, lead-based paint, asbestos

**Use of long-term stewardship and institutional control (IC):** None

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** None

**Costs to enter program or fees for service:** None

**Funding source for administrative costs and staff:** 128(a) Grant and
104(k) Cooperative Agreement

***Cleanup Activities***

**Sites currently in VCP:** None

**Sites completed under VCP: **None

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** None

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**
Public Notice, Public Comment, Press Release, Public Records, Web site,
Public Repository

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

***Statutory Authorities***

Guam does not have a law which fully equates to all CERCLA response
authorities. It has partial and limited CERCLA-like legal authorities in
three laws and an adopted RCRA subtitle C regulation:

-   Environmental Trust Fund Law, *10 GCA §§ 45200-45203*

-   Article 1 of the Solid Waste Law, *10 GCA § 51101-51118.1*

-   Underground Storage Tank Law, *10 GCA §§ 76101-76120*

-   Adopted RCRA subtitle C regulation, *22 GAR §§ 30101-30113*

**Hawaii**

> **General Information**
>
> **Contact:** Fenix Grange
>
> **Address:** Hazard Evaluation and Emergency Response Office\
> Hawaii State Department of Health (DOH)\
> 919 Ala Moana Boulevard, Room 206\
> Honolulu, HI 96814
>
> **Phone:** 808 586 4249
>
> **Email:** *fenix.grange@doh.hawaii.gov*
>
> **Contact:** Ruby Edwards
>
> **Address:** Brownfields Cleanup and Redevelopment\
> Office of Planning\
> Department of Business Economic Development and Tourism\
> P.O. Box 2359\
> Honolulu, HI 96804-2359
>
> **Phone:** 808 587 2817
>
> **Email:** *redwards@dbedt.hawaii.gov*
>
> **Contact:** Mary Alice Evans
>
> **Address:** Office of Planning\
> Department of Business Economic Development and Tourism\
> P.O. Box 2359\
> Honolulu, HI 96804-2359
>
> **Phone:** 808 587 2802
>
> **Email:** maevans@dbedt.hawaii.gov
>
> **Web sites:** *http://www.hawaii.gov/dbedt/gis/brownfields/*
>
> *http://www.hawaii.gov/doh/eh/heer/vrp.html*

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

**Brownfields definition: ** Properties that are contaminated to the
extent that some type of response action is needed before, or in
conjunction with, future development.

**Program titles:**

• Voluntary Response Program

• EPA Assessment Grant Programs

• EPA Cleanup Revolving Loan Fund programs

• EPA Job Training Grant Program

**Liability relief provisions:** The Hawaii Environmental Response Law
states that a defendant may avoid liability where the real property on
which the facility concerned is located was acquired by the defendant
after the disposal or placement of the hazardous substance on, in, or at
the facility, and either: 1) at the time the defendant acquired the
facility the defendant did not know and had no reason to know that any
hazardous substance which is the subject of the release or threatened
release was disposed on, in, or at the facility; 2) the defendant is a
government entity which acquired the facility through involuntary
transfer or acquisition; or 3) the defendant acquired the facility by
inheritance or bequest.

The Hawaii Environmental Response Law also states that a prospective
purchaser will qualify for an exemption from liability by: 1) entering
into a voluntary response agreement with the department prior to
becoming the owner or operator of the property that is the subject of
the agreement; and 2) completing a voluntary response action and
receiving a letter of completion from the DOH. Parties who purchase
property from an owner who has completed a voluntary response action and
received a letter of completion from the DOH will be exempt from future
liability to the DOH as to the specific hazardous substances at issue in
the voluntary response action.

**Financial incentives (grants, loans, tax provisions,
etc.): **Potential sources of leveraged state funds for the State of
Hawaii Brownfields Cleanup Revolving Loan Fund include the Hawaii
Capital Loan Program, Hawaii Innovation Development Program,
Community-Based Economic Development Loan Program, and the nonprofit
Hawaii Community Loan Fund.

County-administered Community Development Block Grants (CDBG) may also
be leveraged.

Coalition partners work through existing planning and redevelopment
programs to identify additional funding sources for brownfields cleanup.

**Legislative or program site eligibility requirements:** All sites are
eligible except for:

• A site listed or proposed to be listed on the National Priorities List
(NPL).

• Those sites with respect to which an order or other enforcement
actions has been issued or entered under Comprehensive Environmental
Response Compensation and Liability Act (CERCLA) and is still in effect.

• A site where the United States Coast Guard has issued a federal Letter
of Interest.

• A site that is subject to corrective action under Subtitle C of the
Resource Conservation and Recovery Act (RCRA) and chapter 342J of the
state's hazardous waste law.

• A site that poses an imminent and substantial threat to human health,
the environment, or natural resources as determined by the director.

The requesting party must provide the DOH with written consent from the
property owner to conduct the voluntary response action including any
restrictions of property rights.

***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 Grant program (EPA funded up to \$400,000 over two years).

• Cleanup Revolving Loan Fund program (EPA funded up to \$2,000,000 over
five years).

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

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **Job Training Grant programs to
provide training for residents of communities affected by brownfields to
facilitate cleanup of brownfields sites and prepare trainees for future
employment in the environmental field. (Each EPA grant is funded up to
\$200,000 over two years.)

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Hawaii uses a compilation of
Environmental Action Levels (EAL) prepared by an in-house scientist. The
EALs cover all environmental hazards, not just human health. The VCP
requires that cleanup for carcinogens be to cancer risk level of 10-6.

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

**Use of long-term stewardship and institutional controls
(IC):** Institutional controls allowed, but not encouraged.

**IC Tracking:** Hawaii does not have an IC tracking system.

**IC Oversight:** Hawaii does not provide IC oversight.

**IC Monitoring:** Hawaii does not monitor ICs.

*Management & Implementation Elements*

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

**Costs to enter program or fees for service:** \$1,000 application fee
per request, \$100 per hour oversight charge.

**Funding source for administrative costs and staff:** EPA, State of
Hawaii Brownfields Cleanup Revolving Loan Fund.

***Cleanup Activities***

**Sites currently in VCP: **25

**Sites completed under VCP: ** 11

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **Letter of completion, liability protection as previously
described.

***Public Participation***

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

• Title 10. Public Safety and Internal Security, Chapter 128D.
Environmental Response Law, PART II. Voluntary Response Program
(§§128D--31 et seq.).

Public participation activities may be implemented by the DOH and
required of responsible parties, in accordance with the state
contingency plan, or any other state rule.

Within 10 days of receiving an application and processing fee, the
department is required to:

• Post a sign at the site notifying the public of participation in the
voluntary response program, the public's opportunity to comment, and how
a copy of the application may be obtained.

• Send a brief summary of the application to the Office of Environmental
Quality Control for publication in the office's bulletin along with
instructions for obtaining a copy of the application and commenting
procedures to the department.

The Hawaii Administrative Rules also provide for the availability of the
administrative record of the selection of a remedial action for public
inspection, and mandates (within 60 days after initiation of onsite
removal activity) the availability the administrative record of removal
actions for public inspection.

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

***Statutory Authorities***

• Title 10. Public Safety and Internal Security, Chapter 128D.
Environmental Response Law, PART II. Voluntary Response Program
(§§128D--31 et seq.).

• Voluntary Response Program Administrative Rules Chapter 11--451, the
State Contingency Plan.

**Nevada**

> **General Information**
>
> **Contact:** Lisa Johnson
>
> **Address:** Nevada Division of Environmental Protection (NDEP)\
> Bureau of Corrective Actions\
> 901 S Stewart Street
>
> Carson City, NV 89701
>
> **Phone:** 775 687 9379
>
> **Fax:** 775 687 8335
>
> **Web site:** *http://ndep.nv.gov/bca/brownfld.htm*

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

Nevada's Brownfields Program aims to reach out for opportunities to
create partnerships that improve Nevadan's lives and the quality of
their communities, and to be acknowledged as an agency that maximizes
opportunities through the creative and efficient use of resources.

The Nevada State legislature passed the Voluntary Cleanup Program (VCP)
in 1999. The VCP provides relief from liability to owners who undertake
cleanups of contaminated properties under the oversight of the NDEP.

**Brownfields definition:** The term brownfields is used to describe
abandoned, idled, or underused industrial or commercial properties taken
out of productive use because of real or perceived risks from
environmental contamination.

**Program titles:** Nevada Brownfields Program, VCP

**Liability relief provisions:** The VCP provides liability relief
to: 1) current owners of contaminated sites; 2) prospective purchasers;
3) financial entities who hold an evidence of title to protect a
security interest; or 4) a government entity which has received a parcel
of real property through default.

The 2003 State Legislative Session resulted in the adoption of liability
relief provisions for bona fide prospective purchasers and innocent
landowners modeled on the federal Brownfields Law.

**Financial incentives (grants, loans, tax provisions, etc.):** The
state received federal funds intended for use in encouraging brownfields
redevelopment; the Nevada Brownfields Program manages these funds for
use in a holistic approach to redevelopment where environmental concerns
may present a barrier. Grants and low-interest loans are available for
assessment and cleanup activities.

**Legislative or program site eligibility requirements:**

For VCP---Application and site characterization information.

For brownfields funding---Federal site eligibility criteria are used.

***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.):** State uses some of its Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) Section
128 State Response Program funds to provide brownfields assessment and
cleanup grants. Applications are accepted at any time, and project
funding is made on a first-come, first-served basis. Nevada also
operates a \$2,000,000 Revolving Loan Fund targeted for cleanups
conducted by private land owners and developers.

**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:** Actions under the state VCP must be in
compliance with the state's environmental professional certification
program. Sampling at brownfields assessments and cleanups must be
conducted consistent with a project-specific Quality Assurance Plan
approved by EPA Region 9 and must meet Tier III data quality
requirements with independent data verification.

**Contaminants covered/excluded:** Asbestos, lead paint, polychlorinated
biphenyls (PCBs) OK; petroleum OK, only if site does not qualify for
reimbursement under the state's Petroleum Fund.

**Use of long-term stewardship and institutional controls
(IC):** Institutional controls are utilized in the NDEP No Further
Action letters.

**IC Tracking:** Under Development

**IC Oversight:** Under Development

**IC Monitoring:** Under Development

***Management & Implementation Elements***

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

**Costs to enter program or fees:** For VCP, depends on type of
property. Residential property fee is \$400. Commercial property: less
than 1 acre (\$500), 1--25 acres (\$1,000), 26--100 acres (\$1,600),
more than 100 acres (\$2,000).

**Funding source for administrative costs and staff:**\
CERCLA Section 128(a) State and Tribal Response Program Grant.

***Cleanup Activities***

**Sites currently in VCP:** 1 site in the program.

**Sites completed under VCP: **1 site completed.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** Liability relief provisions for bona fide prospective
purchasers and innocent landowners modeled on the federal Brownfields
Law.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Prior to the acceptance period of a remedial agreement between
NDEP and the participant, a period of public comment and public meetings
will be held to allow input from residents and businesses within the
community where the cleanup is being undertaken. These activities will
be coordinated by NDEP at no additional cost to the participant.
Comments from the public will be incorporated as appropriate into the
corrective action plan.

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

***Statutory Authorities***

• Nevada Administrative Code 459.973--459.9743.

• Nevada Revised Statutes, Title 40, Chapter 459.