**Alaska**

**General Information**

> **Contact:** John Carnahan, Brownfields Coordinator
>
> **Address:** Contaminated Sites Program\
> Alaska Department of Environmental Conservation (DEC)
>
> Division of Spill Prevention and Response\
> 610 University Avenue\
> Fairbanks, AK 99709-3643
>
> **Phone:** 907 451 2166
>
> **Fax:** 907 451 2155
>
> **Email:** John.Carnahan@alaska.gov
>
> **Web site:** *http://www.state.ak.us/dec/spar/csp/brownfields.htm*

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

DEC's Contaminated Sites Program developed resources to assist tribes,
villages, cities, borough governments, and state agencies in identifying
and assessing their brownfield sites. When appropriate, DEC assists
eligible applicants in applying for EPA brownfields assistance and
grants. DEC's program provides technical assistance, performs site
assessments, conducts cleanups, maintains a publicly accessible
contaminated sites database, and tracks on institutional controls. The
program objectives are to enable economic redevelopment of properties
that are underutilized as a result of real or perceived environmental
conditions, while providing adequate oversight and protection to human
and ecological receptors. The program dedicates staff resources to work
with government agencies, tribes, responsible parties, land owners, EPA,
and developers to effectively facilitate environmental remedies
commensurate with site conditions, leading to the reuse of contaminated
properties.

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

**Program titles:**

-   Contaminated Sites Program (CSP) (includes Leaking Underground
    Storage Tank (LUST) Program). Sub-programs within the CSP include:

    -   State/Private Cleanup Program

    -   Federal Facilities Environmental Restoration Program

    -   Development and Implementation Program

    -   Reuse and Redevelopment Initiative (Brownfield Program)

    -   Streamlined Cleanup Program (SCP) (replaces former State
        Voluntary Cleanup Program) for low-risk petroleum contaminated
        sites

-   Underground Storage Tank Program

**Liability relief provisions:** The principal tool for clarifying
liability is the prospective purchaser agreement (PPA). PPAs have been
negotiated for specific sites that meet appropriate criteria. A PPA is a
legal instrument that must be negotiated through the Attorney General's
office.

**Financial incentives (grants, loans, tax provisions, etc.): **No
grants, loans, or other provisions are available at this time. DEC
provides limited assessment or cleanup services to eligible applicants
through its DEC Brownfield Assessment program, which targets
conditionally eligible brownfield sites that may be in public, private,
or state ownership.

**Legislative or program site eligibility requirements:** DEC is
currently considering revisions that may result in improvements to the
SCP process. DEC encourages the use of the SCP to clean up low-risk
petroleum contaminated sites. The SCP relies on self-reporting and
reduced government oversight. The goal is to accelerate the cleanup of
these sites while continuing to protect human health and the
environment. The program can be used for sites regulated under Alaska
Administrative Code (AAC) 18 AAC 75, *Oil and Other Hazardous Substances
Pollution Control* regulations, and 18 AAC 78, *Underground Storage
Tanks* (USTs) regulations. Both sets of regulations use slightly
different terminology; however, the term "contaminated site" is a
generic term referring to both regulated UST and non-UST contamination.

Other eligibility requirements: A site owner or operator, prospective
owner or operator, financier, or other person(s) who is interested in
cleaning up a site that meets the following criteria may apply for
participation in the SCP. The site must:

• Present a low risk to human health and the environment.

• Be limited to petroleum hydrocarbon contamination.

SCP is not appropriate if:

• Non-aqueous phase product is identified in ground water.

• Surface water is known to be contaminated or has a high potential of
being contaminated.

• Alternative cleanup levels are proposed.

• Contaminants other than petroleum are present.

• Contamination has migrated across the property line.

• Formal institutional controls are proposed.

SCP may not be appropriate if:

• Contamination has a high potential to impact an environmentally
sensitive area.

• Ground water contamination is present.

If, at any time, information is discovered showing the site no longer
meets the SCP eligibility criteria, the applicant should contact DEC as
soon as possible. Unless DEC determines otherwise, the site is no longer
eligible for the SCP and will be referred to the appropriate DEC program
for review.

***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.):**

**•** Contaminated Sites Program---DEC's Brownfield Assessment program
uses state and federal (EPA) funds to conduct assessments and cleanups
at eligible properties in Alaska. Targeted properties are brownfield
sites. Funding is limited and not guaranteed.

**•** Site eligibility---Brownfields assessment funding may only be used
at properties that meet EPA brownfields funding criteria. DEC will not
fund assessments at properties where the owner is responsible for the
contamination. DEC has discretion in selecting areas to target for
environmental assessment assistance and prefers to target properties
that: are abandoned or publicly owned; have low or moderate
contamination; suffer from the stigma of liability, or have a
prospective purchaser willing to buy and pay for the cleanup of the
property, if needed. The selection process is guided by criteria used to
help establish relative priorities among the properties in Alaska. The
criteria include the following:

> • Property redevelopment has the potential to provide a high public
> benefit.
>
> • Property control and ownership transfer is not an
> impediment---preference will be given to sites that are publicly
> owned, either directly by a municipality or through a quasi-public
> entity such as a community development corporation.
>
> • There is a strong municipal commitment---either financially, or
> through commitment of municipal resources for other components of the
> project.
>
> • There is a clear municipal/community vision and support for property
> revitalization.
>
> • There are adequate leveraged funds available for the cleanup and
> redevelopment, and/or the property has strong development potential
> (perhaps demonstrated by past or present developer interest).
>
> • ADEC assessment assistance is crucial to the property's
> redevelopment; lack of an assessment has proven to be an obstacle at
> the property.
>
> • Existing information supports redevelopment---the property will
> likely have low to moderate contamination levels, and redevelopment
> will provide tangible benefits for the community.

DEC will generally only approve expenditures for assessments when the
property is publicly held. If a public or nonprofit entity is aware of a
brownfield site that is privately held but has potential for
redevelopment that will offer significant public benefit, DEC will
consider allocating assessment funds for the site.

> • Eligible applicants**---**Public, quasi-public, or nonprofit
> entities (such as municipalities, tribal governments, and community
> development organizations) interested in redeveloping abandoned or
> underutilized properties.

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

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **No current state brownfield programs
or authorities currently available.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** See 18 AAC 75.375. Institutional
controls discussed below.

**Contaminants covered/excluded:** None excluded at this time, however,
sites must be of a low- to medium-risk nature to be addressed through
brownfields program oversight.

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

If all cleanup levels are achieved and no long-term monitoring or other
conditions are placed on closure, DEC will identify a site as "closed"
whereby any legal proceedings are closed. DEC recovers the cost of its
oversight or damages from the responsible parties. The landowner gets
official notice that the land can once again be used without
restriction.

Complete cleanup is not always possible. In some cases, DEC may
determine that active cleanup efforts at a site are no longer necessary,
as long as institutional controls, such as land use and activity
controls that are protective of human health and the environment are in
place. The responsible person will be required to maintain such
controls, which are set as conditions for closure. Closure conditions
may include long-term monitoring and reporting. Other examples of
conditions are recorded notices to alert people that the ground water
should not be used for drinking water, or fencing off an area with signs
posted to alert visitors that contamination remains. This type of
\"conditional closure\" allows the land to be put back to use with
protective precautions.

The department will, after consultation with each landowner of the site,
determine whether the use of an institutional control is necessary, on a
site-specific basis, if the department determines that controls are
required to ensure:

• Compliance with an applicable cleanup level.

• Protection of human health, safety, or welfare, or the environment.

• Integrity of site cleanup activities or improvements.

Institutional controls may include: 1) installation and maintenance of
physical measures, such as fences and signs, to limit an activity that
might interfere with cleanup or result in exposure to a hazardous
substance at the site; 2) implementation and maintenance of engineering
measures, such as liners and caps, to limit exposure to a hazardous
substance; 3) restrictive covenants, easements, deed restrictions, or
other measures that would be examined during a routine title search, and
that limit site use or site conditions over time or provide notice of
any residual contamination; and 4) a zoning restriction or land use plan
by a local government with land use authority.

The use of land use and activity controls must, to the maximum extent
practicable, be: 1) appurtenant to and run with the land so that the
control is binding on each future owner of the site; and 2) maintained
by each responsible person or owner of the site.

If the department determines any of the following are necessary to
protect human health, safety, or welfare, or the environment, the
department will require that institutional controls be designed to
accomplish one or more of the following: 1) prohibit activities on the
site that might interfere with the site cleanup, operation and
maintenance, monitoring, or other response actions; 2) prohibit
activities that might result in the release of a hazardous substance
that was contained as a part of the site cleanup activities; 3) require
written notice to the department of any proposal to use the site in a
manner that is inconsistent with a restrictive covenant or other
required measures; and 4) grant the department and its designated
representatives the right to enter the property at reasonable times to
evaluate compliance with the institutional control, including the right
to take samples, inspect any cleanup actions ongoing at the site, and
inspect records relating to the operation and maintenance of the
institutional control.

If the department determines that financial assurance is necessary to
ensure protection of human health, safety, or welfare, or of the
environment, the department will require a responsible person to provide
financial assurance sufficient to cover costs of operation and
maintenance, including compliance monitoring and corrective measures,
for any institutional control.

If the concentrations of all residual hazardous substances remaining at
the site are subsequently determined to be below the applicable cleanup
levels, the department will approve, at the owner's request, elimination
of the institutional control.

> **IC Tracking:** The ability to both manage and track long-term
> oversight for contamination that poses limited risk to human health
> and the environment is an objective for the program. An institutional
> controls database and compliance tracking tools to accomplish this are
> under development at this time.
>
> **IC Oversight and Monitoring:** DEC's IC tracker was developed to
> help with oversight and monitoring of sites for which institutional
> controls have been established. DEC currently is tracking
> institutional controls on 1,464 sites, approximately 300 of which are
> active sites where the controls have been established to protect human
> health and the environment during ongoing cleanup actions.

***Management & Implementation Elements***

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

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

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

***Cleanup Activities***

**Sites currently in VCP: **DEC developed the SCP, as described above,
in lieu of the VCP. Currently 156 sites are assigned to SCP status.

**Sites completed under VCP: **99 closures have been recorded through
the SCP.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** Incentives to responsible parties are under evaluation.

**General Contaminated Sites Status:** DEC's contaminated sites
databases currently list 2,595 open or active sites, 2,738 closed sites,
and 1,154 conditionally closed sites. Of these closed or conditionally
closed sites, 303 were closed during calendar year 2007.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Site cleanup rules: purpose, applicability, and general
provisions.

The department will seek public participation regarding activities
conducted under the site cleanup rules, using methods that the
department determines to be appropriate for seeking public
participation.

**Public participation activities (hearings, meetings, etc.): **DEC uses
public meetings, notifications, Web postings, and other media as
determined appropriate for the issue of concern and target audience.

***Statutory Authorities***

• 18 AAC 75, *Oil and Other Hazardous Substances Pollution Control*

• 18 AAC 78, *Underground Storage Tanks*

• AS 46.08, Title 46: *Water, Air, Energy and Environmental
Conservation*

**Idaho**

> **General Information**
>
> **Contact:** Aaron Scheff\
> Brownfields Response Program Manager
>
> Bruce Wicherski, PG\
> VCP Program Manager
>
> **Address:** Department of Environmental Quality (DEQ)\
> Waste Management and Remediation Division\
> 1410 N. Hilton\
> Boise, ID 83706
>
> **Phone:** Aaron Scheff, 208 373 0420\
> Bruce Wicherski, 208 373 0426
>
> **Fax:** 208 373 0154
>
> **Email:** aaron.scheff@deq.idaho.gov\
> bruce.wicherski@deq.idaho.gov
>
> **Web site:** *http://www.deq.state.id.us/Applications/Brownfields/*

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

Idaho's Land Remediation Act, or Voluntary Cleanup Program (VCP), is
found in Idaho Code 39-7201 et seq., and DEQ's rules implementing the
Act are located at IDAPA 58.01.18. The VCP allows for the remediation of
hazardous substances and petroleum contaminated sites absent an
enforcement action. Under the Program, DEQ and the participant enter
into a Voluntary Remediation Agreement under which DEQ and the public
review and comment on the proposed Cleanup Work Plan. Once approved by
DEQ, the participant conducts the cleanup and DEQ reviews the results.
If the cleanup is successful, DEQ issues a No Further Action letter, DEQ
and the participant negotiate a Covenant Not to Sue (CTNS), lender
liability protections are provided, and the site owner is afforded a tax
exemption related to the increase in property value due to the cleanup.

In 2004, DEQ established its Brownfields Revitalization and
Environmental Site Response Program. This Program facilitates the reuse
of brownfield sites and works to develop Web tools, authorities, and
guidance aimed at improving the efficiency of all DEQ remediation
programs. DEQ is also a member of a seven-member coalition called the
Reuse Idaho Brownfield Coalition (RIBC). RIBC is composed of DEQ and
Idaho's six economic development districts, and manages a \$3,000,000
EPA brownfield cleanup revolving loan fund.

In 2006, Idaho passed into law the Community Reinvestment Pilot
Initiative that provides \$1.5 million in funds for voluntary cleanups.
The Community Reinvestment Pilot Initiative amended Idaho's existing VCP
statute (the Land Remediation Act) by creating a new financial incentive
to draw private parties into the program. All participation is voluntary
and all \$1.5 million is spent directly on cleanup. Ten privately-owned
sites will be selected to participate in the Pilot program, ranked based
upon rural location, abandoned/ blighted status (negative community
impact), clear/strong reuse plans and elimination of public health
risks. The private party funds and conducts the cleanup with DEQ
oversight via the VCP. When cleanup is complete, DEQ reviews technical
data to ensure cleanup goals are met and DEQ reviews the records of
expenses the party incurred conducting the cleanup. DEQ reviews both and
certifies both if acceptable/ reasonable. DEQ then reimburses the
private party 70% of their 'certified cleanup costs,' up to \$150,000
per site.

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

**Program titles:**

• Voluntary Cleanup Program (Land Remediation Act)

• Brownfields Revitalization and Environmental Site Response Program
(Brownfields Revitalization Program)

• Risk Evaluation Program (Risk-Based Cleanups)

• Community Reinvestment Pilot Initiative -- amended Idaho's existing
VCP statute (the Land Remediation Act)

• Reuse Idaho Brownfield Coalition (RIBC) brownfield cleanup revolving
loan fund (BCRLF)

**Liability relief provisions:** Certificate of Completion (COC) and
CNTS are available under Idaho's VCP. After receiving a COC, a party can
receive a CNTS for any claim for environmental remediation under state
law resulting from or based upon the release or threatened release of a
hazardous substance or petroleum that is the subject of the approved
voluntary remediation work plan. The CNTS extends to any current or
future owner or operator of the site or portion there of who did not
cause, aggravate, or contribute to the release or threatened release.

During the implementation of an approved voluntary remediation work
plan, the department will not bring an action, including an
administrative or judicial action for any liability for remediation
relating to the release or threatened release of a hazardous substance
or petroleum that is the subject of the work plan, against a person who
entered into a voluntary remediation agreement and who is implementing
the work plan.

Idaho law also provides lender liability protection.

Brownfields Assessments---DEQ's Brownfields Revitalization Program funds
and conducts assessments at brownfield sites. Local governments can
apply to have a site assessed under this program. Details on this
program are on DEQ's Web site.

Voluntary Cleanup Program Tax Incentives---Sites are eligible for a
property tax exemption (not to exceed seven years) that amounts to 50%
of the remediated land value. The exemption may be granted only if the
CTNS is in full force and effect for the entire period of exemption, and
the site remains in the possession of the owner for the entire exemption
period.

**Financial incentives (grants, loans, tax provisions, etc.):** The
Community Reinvestment Pilot Initiative -- DEQ reimburses a private
party 70% of their 'certified cleanup costs,' up to \$150,000 per site.
RIBC RLF loans and sub-grants. Tax incentives for participation in the
VCP. See Financial Elements for more details.

**Legislative or program site eligibility requirements:** The VCP lists
three reasons DEQ can reject a request to participate in the Program:

• Remediation is required under Idaho's Environmental Protection and
Health Act, Idaho's Solid Waste Facilities Act, or Idaho's Hazardous
Waste Management Act, or rules promulgated there under, or other
applicable statutory or common law.

• The condition of the hazardous substance or petroleum described in the
application constitutes an imminent and substantial threat to human
health or the environment.

• The application to participate is not complete.

For the Brownfields Assessment Program, units of local governments,
local redevelopment agencies, nonprofit organizations and other
government entities created by the state legislature are eligible to
participate in the program by submitting a completed questionnaire to
DEQ. DEQ gives preference to sites where community-supported
redevelopment plans are in place and where little or no site
environmental information is available. The applicant must not have
caused or contributed to any contamination at 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.):*** *

• The Community Reinvestment Pilot Initiative -- DEQ reimburses a
private party 70% of their 'certified cleanup costs,' up to \$150,000
per site. With this structure, the Pilot's benefit caps at a \$215,000
cleanup as follows: DEQ reimburses 70% (up to \$150,000) and the private
party is responsible for the remaining 30% (\$65,000).

• RIBC RLF low interest loans and sub-grants for financing cleanup of
Idaho brownfields.

• As discussed previously, local governments can ask that DEQ fund and
conduct assessments at brownfield sites. DEQ's Underground Storage Tank
(UST)/Leaking Underground Storage Tank (LUST) program also conducts
assessments at certain LUST sites.

**Tax incentives (abatements, credits, etc.):** Federal incentive
program and VCP tax incentive described previously.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):** Idaho's Petroleum Storage Tank Fund
provides UST site owners with environmental insurance of \$1,000,000 per
tank for \$100 per year, with a \$10,000 deductible.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Participants in DEQ remediation
programs, including the VCP, choose between cleaning to established
state standards or cleaning to site-specific standards developed using
DEQ's Risk Evaluation Manual and Software, or another DEQ-approved risk
evaluation methodology.

**Contaminants covered/excluded:** DEQ's Risk Evaluation Manual and
Software includes the 185 contaminants most frequently encountered in
Idaho, with the ability to add additional contaminants on a
site-specific basis.

**Use of long-term stewardship and institutional controls:** Both the
VCP and DEQ's Risk Evaluation Manual authorize the use of institutional
controls (e.g., deed restrictions) when conducting and determining
appropriate cleanup levels and conducting site cleanups. DEQ developed a
model deed restriction for use under both of these programs, located in
Appendix B of the Risk Evaluation Manual.

In addition, Idaho legislature passed the Uniform Environmental
Covenants Act (UECA) in 2006.

**IC Tracking:** Idaho tracks IC through deed restrictions.

> **IC Oversight and Monitoring:** Idaho provides oversight to
> participants in the VCP when they are conducting and determining
> appropriate cleanup levels and cleanups.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** Participants must pay to
DEQ two fees under the VCP: 1) a \$500 application fee; and 2) a \$2,500
fee for DEQ review of the remediation work plan and site activities
conducted there under.

**Funding source for administrative costs and staff:** Other than EPA
funding sources, none.

***Cleanup Activities***

**Sites currently in VCP: **14 sites are currently participating in the
VCP.

**Sites completed under VCP: **To date, 1 site has been completed under
the VCP.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **Covenant Not to Sue; lender liability protections; and tax
exemption (See previous section).

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.):** Before DEQ approves a proposed voluntary remediation work plan
under this section, DEQ must:

• Notify local government units located in a county affected by the
proposed voluntary remediation work plan.

• Provide that a copy of the proposed voluntary remediation work plan
and a copy of the voluntary remediation agreement be placed in at least
one public library in a county affected by the work plan.

• Notify by reasonable public notice potentially affected persons to
request comments concerning the proposed voluntary remediation work
plan.

• Provide a comment period of at least 30 days following publication of
a notice under this section. During the comment period, interested
potentially affected persons may do the following:

• Submit written comments to the department concerning the proposed
voluntary remediation work plan; or

• Request a public hearing concerning the proposed voluntary remediation
work plan.

**Public participation activities (hearing, meetings, etc.):** If DEQ
receives a significant number of written requests from potentially
affected persons, the department may hold a public hearing in the
geographical area affected by the proposed voluntary remediation work
plan on the question of whether to modify, approve or reject the work
plan. All written comments and public testimony shall be considered by
the department.

***Statutory Authorities***

• *Idaho Land Remediation Act,* Title 39 (§§39--7201 to 39--7210),
Chapter 72, Idaho Code.

• Idaho Department of Environmental Quality, IDAPA 58.01.18, Idaho Land
Remediation Rules.

• *The Community Reinvestment Pilot Initiative* (Idaho Code § 39-7211)
-- HB 728, a \$1.5 million fund for voluntary cleanups.

• Idaho *Uniform Environmental Covenants Act (UECA)* -- Idaho Code,
Title 55, Chapter 30 (Idaho Code, §§ 55-3001 et seq.).

**Oregon**

> **General Information**
>
> **Contact:** Gil Wistar, Brownfields Coordinator\
> Oregon Department of Environmental Quality (ODEQ)
>
> **Address:** 811 SW 6th Avenue\
> Portland, OR 97204
>
> **Phone:** 503 229 5512
>
> **Fax:** 503 229 6954
>
> **Email:** wistar.gil@deq.state.or.us
>
> **Contact:** Karen Homolac, Brownfields Program and Policy Coordinator
>
> Oregon Dept. of Economic and Community Development (OECDD)
>
> **Address:** 775 Summer St. NE, Suite 200\
> Salem, Oregon 97301
>
> **Phone:** 503 986 0191
>
> **Fax:** 503 581 5115
>
> **Email:** Karen.Homolac@state.or.us
>
> **Web site:** *http://www.deq.state.or.us/lq/cu/brownfields/index.htm\
> http://www.deq.state.or.us/lq/cu/voluntarycu.htm*
>
> *http://www.deq.state.or.us/lq/cu/cupathway/independent.htm*

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

The Voluntary Cleanup Program (VCP) has two pathways: the Voluntary
Cleanup Pathway and the Independent Cleanup Pathway. The Voluntary
Cleanup Pathway provides ongoing project support from an Oregon
Department of Environmental Quality (ODEQ) project manager for No
Further Action (NFA) determinations, preliminary assessment review, soil
cleanup standards, report/document review, operable unit approach where
a section of the site may be redeveloped while cleanup is still
occurring on other sections, technical assistance and regulatory
guidance, negotiated scope of work, budget estimates for ODEQ oversight
costs, Prospective Purchaser Agreements (PPA), and public participation.
The Independent Cleanup Pathway, in which an ODEQ project manager
reviews site activities after they are completed and a report is
prepared, is an alternative to the Voluntary Cleanup Pathway for sites
ranked low or medium priority for further investigation or cleanup. The
Site Response Program addresses sites of medium or high environmental
priority that may require enforcement actions. Brownfield sites can be
addressed through any of the cleanup program components.

**Brownfields definition:*** *Oregon uses the following working
definition: brownfields are vacant or underused properties where
expansion or redevelopment is complicated by actual or perceived
contamination.

**Program titles:**

• Voluntary Cleanup Program (The Independent Cleanup Pathway or the
Voluntary Cleanup Pathway)

• Prospective Purchaser Agreements (PPAs)

• Dry Cleaner Program

• Underground Storage Tank (UST) Cleanup Program

**Liability relief provisions:** ODEQ's VCP issues NFAs for sites
demonstrated not to present unacceptable risk to human health or the
environment. (Unacceptable risk is defined in statute---see Oregon
Revised Statutes \[ORS\] §465.315.)

A PPA is a legally binding agreement between ODEQ and a prospective
purchaser, which limits the purchaser's liability to ODEQ for
environmental cleanup of the property in return for a commitment by the
purchaser to undertake and/or fund site activities that provide a
"substantial public benefit." The PPA is authorized through state
statute and administrative rule to provide liability protection. It does
not provide liability protection from the federal government or from any
activities which may result in additional contamination after the
property is purchased. A PPA must be negotiated with ODEQ prior to the
purchase of the property.

Oregon also has a Dry Cleaner Program. In exchange for liability relief
from cleanup costs, dry cleaners pay fees that go into a fund used to
clean up solvent contamination at dry cleaner sites. The law protects
dry cleaners, under specified circumstances, from individually having to
pay for cleanup of releases caused by the use of dry cleaning solvents
at their establishments.

**Financial incentives (grants, loans, tax provisions,
etc.**)**:** OECDD offers a variety of financial tools for cleanup and
redevelopment activities at known or suspected contaminated sites,
including those with petroleum releases. (See the list below under the
"Financial Elements" heading for details.)

Funded through a grant with EPA, Site-Specific Assessments (SSAs) may be
conducted by ODEQ at publicly controlled sites where hazardous substance
contamination, including petroleum, is suspected or known. Should an SSA
reveal contamination above ODEQ's acceptable risk standards, ODEQ in
some cases may use funds from the EPA grant to conduct limited removal
activities.

**Legislative or program site eligibility requirements:**\
For PPAs, the site must be contaminated with hazardous substances,
including petroleum, for which remedial activities are necessary to
protect human health and the environment. The contamination must not
have been caused nor aggravated by the prospective purchaser and ODEQ
must determine that a "substantial public benefit" will result from
issuing the PPA. More generally, in order to be eligible for ODEQ
brownfield consideration, site owners and operators must be willing
partners in, and in some cases contribute resources to, site
investigation, remediation, and redevelopment activities.

***Financial Elements***

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

• EPA capitalized the Oregon Coalition Brownfields Cleanup Fund with
\$2,400,000 (2004); the fund is available to provide grants and
low-interest loans to eligible communities or the private sector for
cleanup/non-time-critical removals per the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA) §104(k). OECDD serves
as lead agency and fund manager on behalf of a coalition of partners.
ODEQ, through an intergovernmental agreement, serves as site manager for
the program.

• Oregon Industrial Lands Site Assessment Initiative, funded through an
EPA Site Assessment grant in 2005 (\$200,000 for hazardous substances),
is managed by OECDD.

• State-funded Brownfields Redevelopment Fund managed by OECDD provides
a direct loan and/or grant program that is available for any site where
action is necessary to: 1) determine if a release has occurred; 2)
determine if a release poses a significant threat to human health or the
environment; or 3) remove contamination from the site. Sites with
petroleum releases are eligible.

• State Special Public Works Fund, managed by OECDD, provides technical
assistance grants and loans to municipalities for site assessments on
public and privately owned industrial brownfield properties seeking
certification through the state's Industrial Lands Program (see above).
Loans for cleanup are also available for publicly owned industrial
brownfield sites.

• Oregon Community Development Block Grants (CDBG), through OECDD, can
be used to demolish abandoned, vacant, and deteriorated buildings,
decommission underground storage tanks, clean debris, and perform site
assessments and cleanups.

• The Oregon Capital Access Program, managed through OECDD, offers loan
portfolio insurance for environmental actions and
brownfield-redevelopment projects.

• The Oregon Dry Cleaner Fund is administered by ODEQ and pays for
assessment and cleanup at qualifying dry cleaner sites. To manage
limited funding, sites are prioritized based on human health and
environmental threat.

• The Drug Lab Asset Forfeiture Fund (or when the fund is depleted, cost
reimbursement agreements with law enforcement agencies) is used for drug
lab cleanup.

**Tax incentives (abatements, credits, etc.):** Federal Brownfields Tax
Incentive (reauthorized by Congress to extend through 2008).

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):** The Technical Assistance to
Brownfields Communities (TAB) program provides educational materials and
training programs related to cleanup, public health, and risk issues as
a means of assisting communities in having their views included in
cleanup and redevelopment decision-making processes. The TAB program
also assists communities by reviewing and commenting on technical
documents, facilitating meetings, organizing and presenting conferences,
planning and staging charrettes (i.e., facilitated sessions intended to
solve specific redevelopment problems), and performing other
community-specific tasks.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:** Applicant has a choice of approach
(i.e., removal or institutional controls), to protect public health and
the environment. The same standard of site-specific acceptable risk,
which includes protection of ecological receptors, must always be met.

**Contaminants covered/excluded:** Petroleum, hazardous waste, lead
paint, polychlorinated biphenyls (PCBs), and Comprehensive Environmental
Response Compensation and Liability Act (CERCLA) contaminants can be
addressed through the VCP.

**Use of long-term stewardship and institutional controls: **In Oregon,
institutional or engineering controls are used when risks of exposure to
hazardous substances can be effectively blocked by having legal or
administrative measures in place. Typically, institutional controls will
be an element in the Record of Decision (ROD) and the Consent Order or
other decision document. Most institutional controls will be recorded in
county property records. Institutional controls will often complement
some other aspect of the remedial action. For example, one may have an
institutional control that complements an engineering control; the paper
institutional control will prohibit disturbance (or require maintenance)
of the physical engineered cap. Institutional controls may prohibit or
restrict some actions, or they may require affirmative action.

> **IC Tracking:** Properties with institutional controls remain on
> ODEQ's public Environmental Cleanup Site Information (ECSI) database,
> Confirmed Release List, and Inventory -- as long as the institutional
> control remains in effect.
>
> **IC Oversight and Monitoring:** Monitoring and periodic review will
> be part of the institutional control to ensure that it is working. The
> extent and frequency of monitoring and periodic reports will vary with
> the project. There may be a certain amount of random monitoring of the
> institutional control (e.g., due diligence inquiries prior to property
> transfers), but periodic review by ODEQ should be a part of the
> institutional control and the selected remedy.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** PPA application requires
\$2,500 deposit to ODEQ to begin formal negotiation of the agreement. No
deposit for VCP required with Intent to Participate Form, but \$5,000
deposit when project manager is assigned. \$1,500 deposit required under
Independent Cleanup Pathway (ICP) after applicant receives cost recovery
agreement (VCP deposits can be waived for public-sector participants).
Once projects become active, ODEQ charges VCP and ICP participants on an
hourly basis for project oversight.

**Funding source for administrative costs and staff:** The VCP and other
components of the Environmental Cleanup Program are funded by direct
cost recovery from project participants, by hazardous waste disposal
fees, and through federal grants.

***Cleanup Activities***

**Sites currently in VCP: **1,195 sites have entered the VCP since its
inception in 1991 (data as of February 2008).

**Sites completed under VCP:** 664 No Further Action letters (data as of
February 2008).

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):** An NFA determination from ODEQ provides assurance to current
and prospective owners, operators, lenders, and developers that know
environmental issues have been addressed in accordance with the Oregon
environmental cleanup law (ORS §465.200).

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Public notice and a 30-day public comment period are required
by statute.

**Public participation activities (hearing, meetings, etc.):** A public
meeting is required by statute if requested by 10 or more people or a
group having 10 or more members.

***Statutory Authorities***

• Oregon Environmental Cleanup Laws (ORS §465.200).

• Hazardous Substance Remedial Action Rules (OAR 340--122--0010).

**Washington**

> **General Information**
>
> **Contacts:** Nnamdi Madakor, P.G., P.HG, VCP Statewide Coordinator
>
> **Address:** Department of Ecology (Ecology)\
> Voluntary Cleanup Program (VCP)\
> P.O. Box 47600\
> Olympia, WA 98504-7600
>
> **Phone:** 360 407 7244
>
> **Fax:** 360 407 7154
>
> **Contacts:** Dan Koroma, Brownfields Coordinator
>
> **Address:** Department of Community,\
> Trade and Economic Development (CTED)\
> Brownfields Redevelopment Loan Fund\
> P.O. Box 42525\
> Olympia, WA 98504
>
> **Phone:** 360 725 4062
>
> **Web site:** *http:// www.cted.wa.gov* (CTED)
>
> **Contacts:** John Means, Brownfields Program Planner and Grant
> Manager
>
> **Address:** Department of Ecology (Ecology)\
> Voluntary Cleanup Program (VCP)\
> P.O. Box 47600\
> Olympia, WA 98504-7600
>
> **Phone:** 360 407 7244
>
> **Fax:** 360 407 7154
>
> **Web site:** *http://www.ecy.wa.gov/programs/tcp/cleanup.html* (VCP)
>
> *http://www.ecy.wa.gov/programs/tcp/brownfields/brownfields_hp.html*
> (Ecology's Brownfields)
>
> *https://fotress.wa.gov/ecy/tcpwebreporting/* (Contaminated Sites Web
> Portal)

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

The development of Washington's brownfields program began with the
adoption of the Model Toxics Control Act (MTCA) cleanup standards in
1991. These cleanup standards included cleanup levels for industrial
sites. The brownfields program itself is not defined by statute or rule
but continued development of the brownfields program was made with
subsequent MTCA statutory and regulatory amendments that addressed such
issues as prospective purchaser agreements, lender liability, ground
water plume liability, area wide point of compliance, and others.

Washington has a cooperative approach to brownfields. Formal oversight,
technical services, assessment, remedial action grants/loans, and a
revolving loan program are available statewide through several channels:

-   Ecology's Toxics Cleanup Program provides oversight on cleanups
    through Orders and Decrees, including Prospective Purchaser Consent
    Decrees, usually for high priority sites.

• Ecology's Voluntary Cleanup Program (VCP) is the primary program for
most contaminated brownfield properties. For a fee, staff will review
independent cleanup plans and reports and provide written opinions on
the adequacy of the remedial actions proposed or taken and described in
the plan or report.

• CTED manages a revolving loan fund and provides technical assistance
to parties interested in redeveloping brownfield properties. Technical
assistance in submitting applications for a revolving loan or
coordinating site assessments and redevelopment is done in partnership
with Ecology, King County/City of Seattle, City of Tacoma, and City of
Spokane. Ecology provides site manager technical support to CTED for
properties being cleaned up through the Brownfields Revolving Loan
Program. Limited site assessments are available for selected sites with
redevelopment plans. Ecology also provides remedial action grants and
loans to help local governments investigate or expedite cleanup of
contaminated sites.

**Brownfield definition:** Brownfields are real property, the expansion,
redevelopment, or reuse of which may be complicated by the presence of a
hazardous substance, pollutant, or contaminant. Note: for Ecology's
purposes, this is a working definition only. Ecology's approach as to
what constitutes a brownfield site in the context of Washington State's
cleanup laws and policies is still in progress.

**Program titles:**

-   Toxics Cleanup Program (TCP)

-   Voluntary Cleanup Program (VCP)

-   WA Coalition Brownfields Cleanup Revolving Loan Fund (RLF)

**Tools for Use in Brownfields Development:** The rules and regulations
of MTCA provide several different ways in which parties involved in
brownfields development can clean up contaminated sites. The following
MTCA tools may be used as part of Washington's brownfields program:

• Voluntary Cleanup Program -- Persons who conduct independent remedial
actions to investigate and cleanup contamination at a property that has
been contaminated by a hazardous substance may request informal
site-specific technical consultations from Ecology under the VCP. They
may request technical consultation (including assistance in identifying
applicable regulatory requirements) and written opinions on the
sufficiency of their cleanup under the law.

• Prospective Purchaser Agreements -- The state may enter into a
settlement with a person who proposes to purchase, redevelop or reuse a
contaminated property. Some of the main criteria for these agreements
are: the agreement will yield substantial new resources to facilitate
cleanup; the agreement will expedite remedial action consistent with
MTCA; redevelopment or reuse of the property is unlikely to contribute
to the existing contamination, to interfere with remedial actions that
may be needed at the site, or to increase health risks to persons at or
in the vicinity of the site. The primary purpose of this agreement is to
promote the cleanup and reuse of vacant or abandoned commercial or
industrial commercial property. The Attorney General and Ecology may
give priority to settlements that will provide a substantial public
benefit.

• Covenants Not to Sue -- Under state law, and subject to certain
conditions and limitations, when ownership or operation of property is
transferred, any Covenant Not To Sue and contribution protection given
to the prior owner apply equally to successor owners and operators.

• Lender Liability Exemption -- State law grants lenders an exemption
from liability, subject to certain conditions and limitations, while
they hold an ownership interest in a facility, primarily to protect a
security interest.

• Contaminated Aquifer Exemption -- State law provides an exemption from
liability, subject to certain conditions and limitations, for owners of
property where a hazardous substance has come to be located on the
property solely as a result of migration of ground water from a source
located off the property. Some examples of the conditions attached to
this exemption are: the owner must demonstrate he/she did not contribute
to the release of the hazardous substance, and the owner cannot
interfere in the operation of remedial actions on the property.

**Financial incentives (grants, loans, tax provisions, etc.): **Some
grants are available for public/private partnerships (e.g., remedial
action grants). EPA-capitalized Brownfield Cleanup RLF available through
CTED. Cleanup loan funds available through CTED are for private or
public entities that are not potentially liable parties for hazardous
waste sites, petroleum contaminated sites, or methamphetamine
contaminated sites. Limited site assessments are also available for
sites with strong redevelopment potential. These sites must be selected
by CTED and Ecology. Brownfield properties in rural areas may be
eligible for other redevelopment assistance or revolving loan funds
through other loan portfolio programs. Financial assistance includes:

• Brownfields Cleanup RLF -- Up to \$1,000,000 for eligible sites
(funded by EPA).

• Brownfields Project Assistance -- For state and local governments to
assist economic development projects (funded by US Department of
Commerce, Economic Development Administration).

• Remedial Action Grants for Local Governments -- Allocated for site
cleanup (funded by state Toxics Account).

-   Integrated Planning Grants -- For local Governments to conduct
    public outreach, project planning, visioning and due diligence.

• Coastal Revolving Loan Fund and Coastal Technical Assistance Loan Fund
-- Available in coastal counties focus on job creation. \$150,000 and
\$50,000 maximums respectively (funded by CTED).

And, incentives:

• Brownfields Federal Tax Incentive -- Qualified taxpayers can deduct
the cost of environmental remedial action in the year in which the cost
is either paid or incurred. Site must be used for trade/business.

***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,
meth labs, etc.):** Remedial Action Grants Program helps local
governments with the costs of cleaning up hazardous waste sites. RLF
helps qualifying borrowers pay for cleanup of brownfields. RLF funds may
be used at sites that are: 1) publicly-owned, 2) owned by a nonprofit,
and 3) privately owned by current or prospective owners provided they
did not cause contamination. Eligible site activities for RLF funds
include prevention, abatement or removal of hazardous substances.

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

• Tax abatements

• Business and Occupation (B&O) tax credit for research and development
of environmental technologies

• Federal Brownfields Tax Incentive

• Tax credits (certain business expansions)

**Other forms of support: **Ecology generally provides one hour free
consultations on administrative options for cleanup and compliance with
the substantive and administrative requirements of MTCA. Such
consultations are encouraged before entering the VCP or commencing an
independent cleanup.

Technical assistance is available for EPA Brownfields Assessment grants
and State Integrated Planning Grants for brownfield redevelopment
projects.

***Program Elements***

***Technical Elements:***

**Methods/standards/controls:** Applicant has a choice of cleanup
standards, including risk-based standards, although they are not based
on Risk-Based Corrective Action (RBCA).

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

**Use of long‑term stewardship** **and institutional controls
(IC):** Institutional controls may be used at an independent cleanup
site after treatment and other higher technologies are first attempted.
Institutional controls should not be used as a substitute for high
priority cleanup actions. Institutional controls are necessary at sites
where cleanup actions result in residual concentrations of hazardous
substances that exceed the applicable cleanup levels, or when
conditional points of compliance have been established, and under other
conditions specified by regulation.

Washington has sustainable land use planning requirements defined
through the Growth Management Act (GMA) such as urban growth boundaries.

> **IC Tracking:** Institutional controls are tracked in the Integrated
> Site Information System (ISIS) Web reporting database.
>
> **IC Oversight:** When institutional controls are necessary,
> environmental covenants are usually used to impose those controls on a
> parcel of real property.
>
> **IC Monitoring:** Confirmation monitoring and five year reviews are
> also used and may provide a basis for reopeners in a Consent Decree or
> a basis for rescinding a No Further Action (NFA) opinion for a site.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:**  For VCP, monthly
billing of charges incurred by Ecology during the previous month. Based
on hourly rates of staff used to provide services..

**Funding source for administrative costs and staff:** Limited funding
through CERCLA 128(a) State and Tribal Response Program Gant.

***Cleanup Activities***

**Sites currently in VCP: **2,465 have entered the program.

**Sites completed under VCP:** 833 cleanups in progress; 1,630 NFA
determinations.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc**.): See Financial Incentives and Liability Relief Provisions.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Public participation is necessary at any site that is being
formally overseen by Ecology under an Order or Decree. Public
participation is not a requirement for independent cleanups, including
those conducted under the VCP. However, even for sites that were cleaned
up independently, public participation is necessary before a site can be
de-listed from Ecology's Hazardous Sites List. If cleanup occurs through
a brownfields loan, a 30-day public comment period is required on the
Analysis of Brownfields Cleanup Alternatives.

**Public participation activities (hearing, meetings, etc.): **Meetings
may be held with the community on redevelopment plans and are a part of
the Growth Management Act comprehensive planning process and for
critical ordinances.

***Statutory Authorities***

-   *Model Toxics Control Act,* Chapter 70.105D RCW

-   *Model Toxics Control Act Regulations,* Chapter 173-340 WAC

-   *Remedial Action Grants*, Chapter 173-322 WAC

-   *Sediment Management Standards*, Chapter 173-204 WAC (governing
    sediment cleanups)