**Colorado**

> **General Information**
>
> **Contact:** Jeff Deckler\
> Remedial Programs Manager\
> (Brownfields and Voluntary Cleanup)\
> 303 692 3387
>
> Mark Walker\
> Voluntary Cleanup and Redevelopment\
> Program\
> Targeted Brownfields Assessments\
> 303 692 3449
>
> Dan Scheppers\
> Colorado Brownfields Revolving Loan Fund\
> Voluntary Cleanup Tax Credits\
> 303 692 3398
>
> Barbara Nabors\
> State Incentives for Redevelopment of\
> Contaminated Land in Colorado\
> 303 692 3402
>
> **Address:** Colorado Department of Public Health and\
> Environment (CDPHE)\
> Hazardous Materials and Waste Management\
> Division\
> 4300 Cherry Creek Drive South\
> Denver, CO 80246-1530
>
> **Phone:** Brownfields Site Assessments\
> 303 692 3311\
> 888 569 1831
>
> Colorado Brownfields Revolving Loan Fund\
> 303 692 3398\
> 888 569 1831
>
> State Incentives for Redevelopment of\
> Contaminated Land in Colorado\
> 303 692 3449\
> 888 569 1831
>
> **Fax:** 303 691 7878
>
> **Web site:** *http://www.cdphe.state.co.us/HM/rpbrownfields.htm*

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

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

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

**Liability relief provisions: **Colorado statute provides that CDPHE
will actively pursue a determination by EPA that a property in the VCP
not be addressed under the federal act and no further federal action
will be taken with respect to the property at least until the voluntary
cleanup plan is completely implemented.

Colorado statute provides that voluntary cleanup plans are not
enforceable against a property owner (unless the owner fails to
implement the plan after initiating a voluntary cleanup). In addition,
information provided by a property owner to support a voluntary cleanup
plan or no action petition does not give CDPHE an independent basis to
seek penalties from the property owner pursuant to state environmental
statutes or regulations.

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

• Colorado Brownfields Revolving Loan Fund

• Colorado Contaminated Land Redevelopment Tax Credit

**Legislative or program site eligibility requirements:** Colorado
Brownfields Cleanup Revolving Loan Fund. Brownfield sites statewide are
eligible.

The Fund may be used at sites that are:

• Publicly-owned, either directly by a municipality or indirectly
through a quasi-public entity such as a community development
corporation; and/or

• Privately-owned by current or prospective commercial property owners,
banks, developers, etc.

The Fund may not be used at any sites:

• Listed, or proposed for listing, on the National Priorities List
(NPL).

• That have or should have Resource Conservation Recovery Act (RCRA)
permits.

• Subject to an order under the Clean Water Act.

• Underground Storage Tank (UST) sites at which a removal action is
required to be taken, according to regulation, within six months.

• Where a federal or state agency is planning or conducting a response
or enforcement action.

Cleanups must be approved by the Colorado VCP in order to be eligible to
receive a loan through this 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.):** Colorado Brownfields Revolving Loan Funds
(see previous section)

Targeted Brownfields Assessments

• The state performs targeted site assessments to characterize the
nature and extent of site contamination. This characterization is at no
cost to the property owner, and provides assistance in quantifying the
need for and potential cost of cleanup. Sites are eligible if they are
not on the NPL or under enforcement or other action by a government
agency. For a private party to be eligible there must be a clear public
benefit. Determinations on which sites will be assessed are done on a
priority basis. The state follows EPA guidance on site characterization.
A Sampling and Analysis Plan and Quality Assurance Plan that have been
approved by EPA are followed.

State Cleanup Program

• Colorado has a small appropriation that is used to clean up
contaminated sites. Sites are eligible if they are not listed on the NPL
or under enforcement or other action by a government agency. Sites are
screened and scored based on human health and environmental impacts and
redevelopment potential.

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

• Colorado Contaminated Land Redevelopment Tax Credit

• Federal Brownfields Tax Incentive

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

• Colorado Brownfields Revolving Loan Fund may be used for the purchase
of environmental insurance.

• CDPHE supports an environmental resource hotline through the Colorado
Brownfields Foundation.

***Program Elements***

***Technical Elements***

**Methods/standards/controls: **No formal Risk-Based Corrective Action
(RBCA) or comparable/informal process in place; VCP applicants choose
from various cleanup standards or perform risk assessments. State allows
risk-based closures.

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

Ground water standards must be met at property boundary.

**Use of long-term stewardship and institutional controls (IC):** While
Colorado does not have enforcement authority under its state Superfund
program, the most recent amendments to the Hazardous Waste Sites Act
authorize the use of environmental covenants that run with the land.
(Colorado Revised Statutes (CRS) §§ Sec. 25--15--317 through 327.) CDPHE
may use environmental covenants under the VCP if the owner requests it,
however it is not compulsory. If the property owner fails to comply with
an environmental covenant, CDPHE may issue an order requiring compliance
and may request that the Attorney General bring a suit to enforce the
terms of the covenant.

> **IC Tracking:** Colorado is required to maintain an inventory of all
> sites and facilities at which hazardous substances have been disposed
> of in the state under the 2001 amendments to the Hazardous Waste Sites
> Act. As of July 1, 2001 the state is tracking institutional controls
> at state cleanup program sites, RCRA cleanup sites, federal facility
> sites, and VCP sites through the database. The primary users of the
> system are state officials, with local governments as secondary users.
> The database will eventually be made available to the public. Colorado
> is required to create and maintain a registry of all environmental
> covenants, including any modifications or terminations of the
> covenants under the 2001 amendments to the Hazardous Waste Sites Act.
>
> **IC Oversight and Monitoring:** Colorado's long-term stewardship
> provisions include monitoring, institutional controls, and
> enforcement.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **April 1996. The Memorandum
of Agreement (MOA) outlines the following: responsibilities of the state
to implement the Voluntary Cleanup and Redevelopment Act (allows owners
of contaminated properties to voluntarily propose cleanup actions or
petition for no further action determinations for eligible sites);
forbearance actions of EPA with regard to liability once a contaminated
site owner has entered into the remediation program; and the legal
responsibilities of all parties during and upon completion of the
remedial action.

**Costs to enter program or fees for service:** Application fee is
\$2,000. Hourly review fee is \$85.

**Funding source for administrative costs and staff:** Funding for the
VCP is provided by federal grants (20%) and fees gathered from the VCP
program (80%).

***Cleanup Activities***

**Sites currently in VCP: **From the program's inception through January
2008, there have been approximately 600 applications. Approximately 50
applications are processed each year.

**Sites completed under VCP:** No information available

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** The VCP offers No Further Action determinations from the state
upon completion and approval of cleanup; protection from Superfund
liability under an MOA with EPA; and a state income tax credit.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Colorado has no formal public participation requirements.
However, public notice is provided on an ad hoc basis for the voluntary
program.

Public Participation requirements for the Colorado Brownfields Revolving
Loan Fund:

• A Community Involvement Plan must be developed for each site receiving
a loan through this program. The plan will be site specific and will,
therefore, be developed only after a redevelopment project has been
selected to receive monies from the Fund.

The following criteria will be used as the basis for developing specific
plans:

• A spokesperson will be designated to inform the community of actions
taken, respond to inquiries, and provide information.

• Prior to approval of the VCP application---the equivalent of an
engineering evaluation/cost analysis (EE/CA)---interviews will be
conducted with local officials, community residents, public interest
groups, or other interested and affected parties, as appropriate.

• Prior to approval, a Community Relations Plan will be prepared based
on community interviews and other relevant information. It will specify
the community relations activities expected during cleanup.

• At least one local information repository will be established at or
near the location of the cleanup action that includes public information
related to the cleanup. The public will be informed of the repository
and notice provided of the availability of the administrative record for
public review.

• Notice will be published of availability of the Voluntary Cleanup Plan
in a major local newspaper of general circulation.

• A 30-day opportunity will be provided for written and oral comments on
the Cleanup Plan. Upon timely request, the public comment period will be
extended by a minimum of 15 days.

• A written response to significant comments will be prepared.

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

***Statutory Authorities***

• Title 25--16--301, et seq., *Voluntary Cleanup and Redevelopment Act.*

• The *Hazardous Waste Sites Act* 25--16--101 et seq. (1985, as amended
1988, 1990, 2000, 2001 CRS 25--16--104.6) Fund
established---administration---revenue sources---use.

**Montana**

> **General Information**
>
> **Contact:** Mike Trombetta
>
> **Address:** Montana Department of Environmental Quality (DEQ)\
> P.O. Box 200901\
> Helena, MT 59620-0901
>
> **Phone:** 406 841 5045
>
> **Fax:** 406 841 5050
>
> **Email:** mtrombetta@mt.gov
>
> **Web site:** *http://www.deq.state.mt.us/statesuperfund/VCRA.asp*
>
> *http://deq.mt.gov/brownfields/index.asp*

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

**Brownfields definition:** Montana has no definition of brownfields in
statute or regulation, and applies the EPA definition when necessary.

**Program titles:**

• Voluntary Cleanup and Redevelopment Act (1995)

• Brownfields

**Liability relief provisions:** Program offers closure letters; program
can be used by any interested person with the property owner's
permission to address all or a portion of a site.

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

• Loans available through state Board of Investments program may apply
to brownfield sites.

• *Controlled Allocation of Liability Act* and orphan share fund offers
reimbursement for expenditures beyond applicant's responsibility from an
orphan share fund; level depends on available funding.

• Incentives for participation in the voluntary cleanup program include
enforcement stays and closure letters.

• DEQ conducts site specific assessment and cleanup on qualified sites.

**Legislative or program site eligibility requirements:** Any person or
entity is eligible to participate in the voluntary cleanup program, and
all non-National Priorities List (NPL) sites are eligible, although the
state is given discretion to reject applications.

In the brownfields program, projects must meet the following criteria to
be eligible for Targeted Brownfields Assessment assistance:

• DEQ's assessment assistance must be crucial to the redevelopment or
reuse of the site.

• Applicant must not have contributed to the contamination.

• Site must be contaminated or suspected to be contaminated with
hazardous substances or petroleum products.

• Must be a clear benefit to the community.

• Site control and ownership transfer must not be an impediment.

• Must be adequate leveraged funds available for cleanup and
redevelopment, and/or the site must have strong development potential.

• Petroleum sites must also meet EPA's petroleum site eligibility
requirements.

In addition, DEQ has limited resources for site specific work and may
not be able to conduct an assessment or cleanup with brownfields funding
if the department is not already addressing the site.

***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.):*** *DEQ may receive funding from EPA each
year to conduct a limited number of assessments or cleanups on eligible
sites. DEQ uses one of its contractors to conduct the work at the site.

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

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Choice of cleanup levels for the
voluntary cleanup program is available. Potential implementation of
institutional controls.

**Contaminants covered/excluded:** All contaminants covered by the
voluntary cleanup program, but must represent a release or threat of
release to the environment. Under the brownfields program, threats to
public health and the environment can be addressed.

**Use of long-term stewardship and institutional controls (IC):** For
the voluntary cleanup program, institutional controls allowed as
appropriate. More sites cleaned and reused, but difficult to ensure that
institutional controls are appropriate and can be maintained.

**IC Tracking:** Montana does not have an IC tracking program.

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

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

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** If the brownfield site
has entered into the voluntary cleanup program, participant must
reimburse the state for all administrative costs. Cost recovery is based
on actual cost; there is no standard fee. No costs for the brownfields
program. If the brownfield site is addressed outside of the voluntary
cleanup program, there may be no cost to the participant.

**Funding source for administrative costs and staff:**\
Brownfields program is funded by Comprehensive Environmental Response
Compensation and Liability Act (CERCLA) 128(a) State and Tribal Response
Program Grant.

***Cleanup Activities***

**Sites currently in VCP: **25 sites are currently in the VCP
process**.**

**Sites completed under VCP: **11 sites have been "closed" under the VCP
process by DEQ.

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

• Closure letter

• Faster cleanup

• Enforcement stay

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **The state approves a voluntary cleanup plan and supervises a
public comment process. The participant has five years to execute the
plan and cannot deviate from the agreed course of action.

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

***Statutory Authorities***

• The *Comprehensive Environmental Cleanup and Responsibility Act*
(CECRA), Mont. Code Ann. §§75--10--701 through 729, establishes the
Environmental Quality Protection Fund and contains priority list,
enforcement authority, natural resource damages (NRDs), citizen suit,
and property transfer provisions.

• *State Participation in CERCLA*, Mont. Code Ann. §§75--10--601 through
631, establishes the Hazardous Waste/CERCLA Special Revenue Account and
also contains priority list, enforcement authority, NRDs, citizen suit,
and property transfer provisions.

• The *Voluntary Cleanup and Redevelopment Act* (VCRA), Mont. Code Ann.
§§75--10--730 through 738 authorizes Montana's voluntary cleanup program
and contains property transfer provisions.

• In 1997, the state passed the *Controlled Allocation of Liability Act*
(CALA), Mont. Code Ann. §§75--10--742 through 752. CALA establishes the
orphan share state special revenue account to help pay cleanup costs at
non-NPL sites. Montana also has statutory cleanup authority under the
*Water Quality Act*, which provides for citizen suits and enforcement
authority.

**North Dakota**

> **General Information**
>
> **Contact:** Curtis Erickson
>
> **Address:** North Dakota Department of Health\
> Division of Waste Management\
> 918 East Divide Avenue\
> Bismarck, ND 58501-1947
>
> **Phone:** 701 328 5166
>
> **Fax:** 701 328 5200
>
> **Email:** cerickso@nd.gov
>
> **Web site:** *http://www.health.state.nd.us/WM*

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

**Brownfields definition:** North Dakota uses the same definition as
defined in federal law.

**Program titles:** No formal program in place. All voluntary cleanups
or remediation documents are reviewed and approved by the Department.

**Liability relief provisions:** The Department offers closure letters
and No Further Action (NFA) letters. The Department may also give site
specific responsibility exemptions or regulatory assurances provided
certain activities are conducted.

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

**Legislative or program site eligibility requirements:** Any unit of
government (e.g., city, town, county, municipality, nonprofit
organization) may submit a property for assessment or cleanup.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):** The state is using Targeted Brownfield
Assessment grant funds to conduct site assessments, excluding petroleum
sites, and Comprehensive Environmental Response Compensation and
Liability Act 128(a) State and Tribal Response Program grant funds to
conduct site assessments at petroleum sites and contamination removal
activities at sites requiring contamination removal.

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

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Cleanup standards or goals are site
specific.

**Contaminants covered/excluded:** Does not restrict on basis of
contaminants.

**Use of long-term stewardship and institutional controls
(IC): **Various institutional controls allowed, based on individual
sites, future use, location, etc.

> **IC Tracking:** The Department, by law, is required to maintain a
> record of all institutional controls established.
>
> **IC Oversight:** The Department conducts oversight activities at all
> voluntary cleanup sites and has the authority to access any site.

**IC Monitoring:** The Department has the authority to conduct
monitoring at any site.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** At this time, the state
does not charge any fees.

**Funding source for administrative costs and staff:** The state
utilizes its Section 128(a) Response Program grant to fund program
development and the oversight of brownfield projects.

***Cleanup Activities***

**Sites currently in VCP: **No information available

**Sites completed under VCP: **A number of sites have completed cleanup
activities.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **A number of sites have been redeveloped for commercial/retail
use and greenspace. Issuance of no further remediation or no further
action letters.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**
No statutory requirement for public participation exists; the
establishment of institutional controls or environmental covenants
requires public notice.

**Public participation activities (hearing, meetings, etc~~.~~):** The
establishment of institutional controls involving two or more property
owners and an area larger than either one city block or ten acres must
have a public hearing.

***Statutory Authorities***

North Dakota does not have a formal voluntary cleanup program for
cleaning up non-National Priorities List (NPL) contaminated sites.

• The *Hazardous Waste Management Act* (HWMA), N.D. Cent. Code Chapter
23-20.3

• The *Water Pollution Control Law* (WPCL) N.D. Cent. Code Chapter
61-28.

**South Dakota**

> **General Information**
>
> **Contact:** Kim McIntosh
>
> **Address:** South Dakota Department of Environment and Natural
> Resource (DENR)\
> Ground Water Quality Program\
> Joe Foss Building\
> 523 East Capitol Avenue\
> Pierre, SD 57501-3181
>
> **Phone:** 605 773 3296
>
> **Fax:** 605 773 6035
>
> **Email:** Kim.Mcintosh@state.sd.us
>
> **Web site:**
> *http://www.state.sd.us/denr/DES/Ground/Brownfields/Brownfields.htm*

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

**Brownfields definition:** The state uses the same definition for
brownfields as defined in federal law.

**Program titles:** The state recently approved a formal brownfields
program, Brownfields Revitalization and Economic Development Program,
which is part of the state's Ground Water Quality Program within the
DENR. The state assists local communities in obtaining federal
brownfields funding and will enter into voluntary cleanup settlements on
a case-by-case basis under state law (S. Dak. Codified Laws (SDCL)
Chapter 34A--10--17). The state performs Targeted Brownfields
Assessments (TBAs) and will negotiated site-specific agreements**.**
This law also requires that the state establish a Brownfields Revolving
Loan Program.

**Liability relief provisions:** Legislation (SDCL Chapter 74:05:12) was
passed to establish additional liability provisions for sites designated
as brownfield sites by the state.

**Financial incentives (grants, loans, tax provisions, etc.):** No
information available

**Legislative or program site eligibility requirements:** Administrative
rules were drafted to outline the Brownfields Revolving Loan Program,
the selection process for qualifying sites, and use of state brownfields
funds.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):** The state is using Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) 128(a)
State and Tribal Response Program grant (Response Program Grant) funds
to conduct assessment of brownfield sites. These sites may include mine
scarred lands, petroleum sites, and sites impacted by controlled
substances. The state has not yet performed an assessment of a
controlled substance site but may in the future.

**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:** The state will use existing ground water
and soil standards as well as site specific risk based data. The state
will also consider EPA Region 3 and Region 5 Risk-Based Concentrations
when determining the need for a cleanup action.

**Contaminants covered/excluded: **The state regulates hazardous
substances, hazardous wastes, toxic substances, petroleum, pesticides,
metals, and other substances considered regulated substances under SDCL
Chapter 34A--12.

**Use of long-term stewardship and institutional controls (IC): **The
state allows the use of institutional controls on brownfield sites,
spills, or releases both in the assessment and remediation phase of the
project. The state has mechanisms to track long-term institutional
controls.

> **IC Tracking:** Institutional controls are recorded on deed notices
> and environmental covenants are tracked by DENR's database.

**IC Oversight:** Oversight is provided on all assessment and cleanup
projects.

**IC Monitoring:** South Dakota does not monitor ICs.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** The state does not
charge parties to enter into the brownfields program or have fees for
staff services.

**Funding source for administrative costs and staff:** The state
utilizes its Section 128(a) Response Program Grant to fund program
development and the oversight of brownfields projects.

***Cleanup Activities***

**Sites currently in VCP: **As of January 1, 2008, South Dakota
currently has 6 brownfields projects. 3 of the sites are EPA funded
projects.

**Sites completed under VCP: **No information available

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **Covenants, technical assistance, and completion/closure
letters.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **State policy establishes provisions for public notice, public
comment, and hearings/meetings. SDCL §1--40--31 provides for document
disclosure for all DENR programs.

**Public participation activities (hearing, meetings, etc.):**
Stakeholder meetings, Web notifications, public meetings, and
city/county commission meetings.

***Statutory Authorities***

• The *Regulated Substance Discharge Law*, SDCL Chapter 34A--12 (1988,
as amended 1989, and 1995), establishes the Regulated Substance Response
Fund, which provides for a cleanup fund, strict liability,
administrative order authority, civil injunctive relief, cost recovery,
and liens.

• The *Hazardous Waste Management Act*, SDCL Chapter 34A--11 (1983, as
amended in 1988, and 1995), establishes standards for treatment, storage
and disposal of hazardous wastes, and provides for site access, civil
and criminal penalties, and citizen suits.

• The *Water Pollution Control Act*, SDCL Chapter 34A--2 (as amended
July 1, 1995), prohibits the degradation of all ground and surface
waters of the state, establishes standards for ground water remediation,
and imposes criminal and civil penalties for violations.

• The *Environmental Protection Act*, SDCL Chapter 34A--10 (as amended
July 1, 1995), allows responsible parties to enter into voluntary
compliance and settlement for cleanups.

**Utah**

> **General Information**
>
> **Contact:** Brent Everett, Superfund Branch Manager\
> Beverett@utah.gov
>
> Bill Rees\
> Brownfields/Voluntary Cleanup Program Section Manager\
> Brees@utah.gov
>
> **Address:** Utah Department of Environmental Quality (UDEQ)\
> Division of Environmental Response and Remediation (DERR)\
> 168 North 1950 West, First Floor\
> Salt Lake City, UT 84116
>
> **Phone:** 801 536 4100
>
> **Fax:** 801 536 4242
>
> **Web site:** *http://www.environmentalresponse.utah.gov/*

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

The Utah State Legislature passed the Voluntary Release Cleanup Program
statute in 1997. This legislation created the Voluntary Cleanup Program
(VCP) under the UDEQ. The purpose of this program is to encourage the
voluntary cleanup of sites where there has been a contaminant release
threatening public health and the environment, thereby removing the
stigma attached to these sites which blocks economic redevelopment.
Voluntary cleanup of these sites will hopefully result in clearing the
pathway for returning these properties to beneficial use.

**Brownfields definition:** The Utah Hazardous Substance Mitigation Act
was amended in 2005 to expressly allow the Executive Director to issue
Enforceable Written Assurances to bona fide prospective purchasers,
contiguous property owners, and innocent landowners. These terms are
defined by the federal Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) and incorporated in the
Hazardous Substances Mitigation Act. The UDEQ will not bring an
enforcement action under the Hazardous Substances Mitigation Act against
the holder of an Enforceable Written Assurance, provided the holder
continues to satisfy the ongoing obligations associated with the written
assurance.

**Program titles:** Voluntary Cleanup Program

**Liability relief provisions:** Offers a Certificate of Completion
(COC) with limited liability relief for non-responsible parties, future
owners and lenders.

**Financial incentives (grants, loans, tax provisions, etc.):** No state
financial incentives.

**Legislative or program site eligibility requirements:** All sites
eligible except for: 1) a treatment, storage, or disposal facility
regulated under the Resource Conservation and Recovery Act (RCRA); 2)
that portion of a site that is on the National Priorities List (NPL); or
3) that portion of a site for which an administrative, state, or federal
enforcement action is existing or pending against the applicant for
remediation of the contaminants described in the application.

***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.): **Program development is funded through
CERCLA 128(a) State and Tribal Response Program grant funding for state
response programs. Non site-specific administrative costs are in part
funded out of state general funds. Site-specific oversight is paid for
by the VCP applicant.

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

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):** A VCP applicant may purchase private
insurance.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** A VCP applicant has a choice of cleanup
standards including background values, generic risk-based levels,
site-specific risk based levels not relying on institutional controls,
site specific risk-based levels relying on institutional controls, and
others based on consultation with UDEQ. A VCP applicant may perform a
site-specific risk assessment.

**Contaminants covered/excluded:** Does not restrict on basis of
contaminants.

**Use of long-term stewardship and institutional controls
(IC):** Institutional controls may be allowed as part of a cleanup
strategy---use and review is decided on a case-by-case basis.

> **IC Tracking:** Institutional controls and conditions of closure are
> defined in the COC. The COC is recorded on the property title upon
> successful completion of a voluntary cleanup. Recorded COCs are
> included on the DERR's Web page to augment the public record.
>
> **IC Oversight:** The UDEQ reviews and accepts all proposed remedies
> under the VCP prior to implementation. A site management plan may be
> necessary to manage engineering and/or institutional controls.
>
> **IC Monitoring:** The UDEQ actively manages post-remediation sites to
> ensure the remedy remains protective of human health and the
> environment.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** A \$2,000 application
fee and an environmental assessment are required at time of application.
The fee is used to cover UDEQ costs for eligibility assessment and
review of the environmental assessment. Any monies remaining from the
application fee are applied towards oversight. A voluntary cleanup
agreement must be entered into between the UDEQ and the applicant before
UDEQ can review work plans and reports. The agreement provides for
reimbursement of UDEQ oversight costs by the VCP applicant.

**Funding source for administrative costs and staff:** State general
fund (20%) and federal grants.

***Cleanup Activities***

**Sites currently in VCP:** 63 applications received to date.

**Sites completed under VCP: **Of the 63 applications: 24 certifications
of completion (COCs) and 2 no further actions (NFAs) were issued; 25
projects are active; 1 site was ineligible; and 9 projects were
terminated.

**Benefits (incentives to participate in the VCP covenants not to sue,
etc.):** Completion under the VCP results in the issuance of a COC that
provides a limited release of liability for certain qualified applicants
(e.g., non responsible parties).

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Utah Code (19-8-115) requires that the UDEQ make rules
regarding provisions for public participation by, and notice to,
affected property owners regarding voluntary cleanup decisions. Rules
have not yet been promulgated.

**Public participation activities (hearing, meetings, etc.):**
Typically, a 30-day public comment period is required before the UDEQ
will accept a work plan as final. Additional community involvement
activities, such as public meetings, open houses, fact sheets, notices,
and community interviews, may be recommended and required on a
site-specific basis.

***Statutory Authorities***

*Utah Code, Title 19, Chapter 6.*

*Utah Code, Title 19, Chapter 8.*

*Utah Code, Title 57, Chapter 25.*

**Wyoming**

> **General Information**
>
> **Contact:** Vickie Meredith
>
> **Address:** Wyoming Department of Environmental Quality (DEQ)\
> 510 Meadowview Drive
>
> Lander, WY 82520
>
> **Phone:** 307 335 6948
>
> **Web site:** *http://deq.state.wy.us/volremedi/index.asp*

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

Enacted in the 2000 session of the Wyoming Legislature, the Voluntary
Remediation of Contaminated Sites Law sets out a process that can be
used by owners of contaminated sites, or by potential developers to
reach decisions quickly about required remedial activities and put
contaminated sites back into productive reuses. Beginning in 2005, DEQ
created a Brownfields Assistance Program to help local governments
facilitate investigation and cleanup of brownfields.

**Brownfields definition:** Rely on federal definition.

**Program titles:** Voluntary Remediation Program (VRP); Brownfield
Assistance Program

**Liability relief provisions:** DEQ has three types of liability
assurances: Covenants Not to Sue (CNTS), Certificates of Completion
(COC), and No Further Action (NFA) letters.

**Financial incentives (grants, loans, tax provisions, etc.):**\
No information available

**Legislative or program site eligibility requirements:** To participate
in the VRP, a person must submit an application to the DEQ that
identifies the owner and provides a location and description of the
site. The application shall also describe the site-specific conditions
which the applicant believes satisfy one or more of the eligibility
criteria of the law (WS 35--11--1602). No later than 45 days after
receipt of the application, DEQ shall give written notice to the
applicant containing DEQ's determination of the site eligibility for
participation in the VRP. Eligible sites shall include sites which meet
the following conditions:

• Sites, or portions of sites, where releases occurred before the
effective date of this article; and:

• The site, or portion of site, where the release occurred was not
subject to the permit requirements of this act at the time of the
release; or

• The site is covered by an order of the department, council or by any
court and entered with the consent of the person or entity.

• Sites, or portions of sites, where releases occurred on or after the
effective date of this article and where the owner or operator is
implementing a pollution prevention plan consistent with rules
promulgated under this act.

• Waste management or disposal units that have been permitted under this
act and the director determines that the release from the permitted
unit, if restricted or prohibited by the permit, cannot be remediated in
accord with the permit requirements because of technical
impracticability.

***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.):** To be eligible to receive brownfields
assistance for assessment or cleanup, the site must meet the federal
definition of a brownfield, must be eligible to participate in the VRP
and must show an adequate consideration to the public. Currently,
limited funding is available for brownfields assistance.

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

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Voluntary remediation standards;
site-specific, risk-based standards; considerations in choice of remedy;
alternate standards for soil; alternate standards for soil or water;
point of compliance; contamination from source not on site; alternate
remediation standards for site contaminated from source not on site;
supplemental requirements.

**Contaminants covered/excluded:**  Wide variety of contaminants are
eligible.

**Use of long-term stewardship and institutional controls (IC):** Uses
institutional controls.

**IC Tracking:** Conducted as part of remedy agreement performance
criteria.

**IC Oversight:** Conducted as part of remedy agreement performance
criteria.

**IC Monitoring:** Conducted as part of remedy agreement performance
criteria.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** March 2002

**Costs to enter program or fees for service:** \$500 application fee
covers the first 10 hours of oversight. Additional oversight is billed
at a rate of \$50/hour.

**Funding source for administrative costs and staff:** No information
available

***Cleanup Activities***

**Sites currently in VCP:** 130

**Sites completed under VCP: **47

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

• Participation in an integrative, flexible, risk-based cleanup process
specifically designed to be responsive to local concerns and to support
participants.

• Eligibility for a number of liability assurances including CNTS, COCs,
and NFA letters.

• Allows use of non-residential (i.e., restricted use) cleanup levels
for soil under certain circumstances. Participants are allowed to
petition local governments to designate a non-residential use of control
areas. These non-residential land use determinations can be used to
support alternative, risk-based cleanup levels for soil that are
appropriate for the designated land use. All sites not in the VRP must
achieve levels that are safe for unrestricted site uses (generally
residential uses), regardless of where a site is located.

• Participants may apply to DEQ for a determination that current
technology cannot feasibly be used to clean up soil contamination to
established levels. If DEQ makes such a determination, site-specific
alternative soil cleanup levels that can be achieved with available
technology would likely be established in combination with requirements
to control exposures to residual contamination to ensure full protection
of human health and the environment. Sites not in the VRP are not
eligible for this approach.

***Public Participation***

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

• Following any determination by DEQ that a site is an eligible site, or
following the submission of any application to modify an existing remedy
agreement, the owner or operator shall give written notice to all
surface owners of record of land which is contiguous to the site, and to
all known adjacent surface owners of record of land, and shall publish
notice once per week for four consecutive weeks in a newspaper of
general circulation in the county in which the site is located. The
notice published in a newspaper shall be a display advertisement. The
notice to individual landowners and the notice published in a newspaper
shall identify the site, provide a summary of the criterion in WS
35--11--1602 which makes the site eligible for participation in the VRP
under this article, describe the process for the public to request the
development of a public participation plan under subsection (b) of this
section, and provide a 30-day period for the public to request that a
public participation plan be developed.

• For any eligible site where there is significant public interest as
determined by the director after considering the factors enumerated in
paragraphs (i) through (iii) of this subsection, the person who has
submitted an application for participation, or the owner of the site,
shall prepare and implement a public participation plan which shall be
approved by the director. In preparing the plan, the applicant or owner
shall consult with and consider the public participation needs of
interested parties, including but not limited to contiguous surface
owners of record and all known adjacent surface owners of record of
land, local government, local economic development agencies or groups,
and public interest groups. In determining whether there is significant
public interest, the director shall consider whether there have been
responses to the notice required under subsection (a) of this section
requesting the development of a public participation plan by:

> • At least 25 individuals;
>
> • An organization representing at least 25 individuals; or
>
> • The governing body of a local government.

• Any owner or operator of an eligible site which is also subject to
permitting or corrective action requirements of the hazardous waste
rules and regulations promulgated under WS 35--11--503(d) shall prepare
and implement a public participation plan which complies with those
rules and regulations.

• At a minimum for any eligible site regardless of whether a public
participation plan has been required, prior to entering into a remedy
agreement, the owner shall give written notice of the proposed remedy
agreement to all surface owners of record of land adjacent to the site,
and publish notice once per week for four consecutive weeks in a
newspaper of general circulation in the county in which the site is
located. The notice shall be of a form and content prescribed by DEQ,
and shall summarize the proposed remedy agreement, provide a description
of the site, provide for a 30-day public comment period after the date
of the last publication, and provide an opportunity for an oral hearing.
An oral hearing on the proposed remedy agreement shall be held if DEQ
finds sufficient interest. DEQ may enter into a remedy agreement
following the public comment period or any hearing, whichever is later.

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

***Statutory Authorities***

*Voluntary Remediation Law, WS 35--11--1601*