**Iowa**

> **General Information**
>
> **Contact:** Mel Pins
>
> **Address:** Iowa Department of Natural Resources (DNR)\
> Wallace State Office Building\
> Des Moines, IA 50319
>
> **Phone:** 515 281 8489
>
> **Fax:** 515 281 8895
>
> **Email:** mel.pins@dnr.iowa.gov
>
> **Web site:** *http://www.iowabrownfields.com* (Iowa Department of
> Natural Resources)
>
> *http://www.iowalifechanging.com/business/brownfields.html*\
> (Iowa Department of Economic Development Brownfields page)

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

**Brownfields definition:** Federal definition as of January 2002.

**Program titles:** Land Recycling Program (LRP), established in 1997.

**Liability relief provisions:** Offers No Further Action (NFA),
transferable to new owner.

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

• New Land Recycling Fund---1997 statute authorized to provide financial
assistance and incentives.

• Hazardous Waste Remedial (HWR) Fund

**Legislative or program site eligibility requirements:**

• Legislative revisions specify minimum public participation
requirements, add consideration of cumulative risk, and add a factor of
safety of "ten to standards" for possible carcinogens. Rule revisions to
address the legislative changes and other modifications to soil
standards will be made.

• Liability is strict and retroactive. The Environmental Quality Act
(EQA) preserves any legal or equitable rights, remedies, or defenses.
The state maintains that this preserves common law rules of joint and
several liability. The state must try to negotiate a settlement with
responsible parties (RPs) prior to using Fund monies for cleanup. The
state can issue orders and seek injunctions against RPs to clean up
sites. The state can collect up to \$1,000 per day for failure to
notify, up to \$10,000 per day for water or air violations, and treble
damages for willful failure to clean up.

***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.):**

• Physical Infrastructure Assistance Program offers loans, loan
guarantees, or cost shares, adaptable to brownfields projects meeting
development criteria.

• Tax Increment Financing (TIF) mechanism allows cities or counties to
reimburse response action costs, over a six‑year period.

**•** The HWR Fund may be used for administration, site investigation,
emergency response, removals, remedial actions, operations and
maintenance, Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) match, studies and design, and grants to local
governments. Seventy‑five percent of the Fund must be used for
remediation at non-CERCLA sites and for CERCLA cost share.

• Iowa received funding through the CERCLA 128(a) State and Tribal
Response Program Grant. Iowa's grant focuses on small and rural
communities in the state.

• Brownfields Cleanup Revolving Loan Fund (RLF), established through an
FY04 EPA grant. Provides a total of \$250,000 to be distributed to
eligible cleanup projects through flexible, and partially forgivable
loan terms.

**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:**

• State uses statewide, background, and site‑specific standards.
Site‑specific standards are risk based.

• Cleanup decisions are made on a site‑by‑site basis. State regulations
do provide cleanup goals for ground water and surface water. State
cleanups may use promulgated Ground Water Action Levels based on
lifetime health advisories, negligible risk levels, and Maximum
Contamination Levels (MCLs) (Admin. Code §567.133), but these are not
usually used for hazardous site cleanups. Risk assessment is used to
determine applicable cleanup levels if ground water contamination
exceeds action levels. There is no established risk range set out in
state policy. Under the voluntary program detailed regulations are being
developed to set out cleanup levels. Such cleanups will use risk
assessment, background levels, ground water standards, and soil
standards per state law.

**Contaminants covered/excluded: **Any contaminant that has appropriate
toxicity information available.

**Use of long-term stewardship and institutional controls (IC):**
Statutorily‑based environmental protection easement (EPE) is required
for use with non-residential standards. May be possible to move the
point of compliance with standards outside of area with an institutional
control or appeal to a less restrictive standard with an institutional
control. Use of an institutional control may not be allowed to address
free product or "gross contamination."

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **June 2004

**Costs to enter program or fees for service: **For funding, the state
will charge fees for oversight. There is an initial \$750 application
fee, and reimbursement of actual state oversight costs is capped at
\$7,500. Iowa does not have a brownfields program.

**Funding source for administrative costs and staff: **The Solid Waste
Section of the DNR is responsible for program administration. There are
currently 11.5 full-time employees (FTE). Legal support is provided by
0.5 FTE attorneys in the DNR's Compliance and Enforcement Bureau. 43% of
funds for staff and administration are from federal grants, 5% are from
the state cleanup fund, 26% are from a separate solid waste account, and
26% from RP for oversight cost.

***Cleanup Activities***

**Sites currently in VCP: **29 sites are currently enrolled in the Land
Recycling Program. Several other sites are also listed with the state's
contaminated sites program.

**Sites completed under VCP: **As of January 2008, two sites had
completed the program and 27 were underway.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **The state is planning to implement more comprehensive
inventorying of brownfield sites.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **The voluntary cleanup law (455H) provides for public notice.
But provisions for public comment, hearings, and meetings are handled as
a matter of policy under both the enforcement and voluntary programs.
Document availability requirements are established by a general statute.

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

***Statutory Authorities***

• The *Environmental Quality Act* (EQA), Iowa Code Ch. 381--397 and 455B
423--431 (1972, as amended 1979, 1981, 1984, 1987, and 1991),
establishes the Hazardous Waste Remedial Fund, provides cleanup and
enforcement authorities for abandoned sites, establishes a priority
list, allows for citizen suits and water replacement, provides for site
registry, and restricts property transfers. Significant amendments
concerning cleanup authority for abandoned and uncontrolled sites were
enacted in 1979, 1981, and 1987. A 1984 amendment established the
Hazardous Waste Remedial Fund.

• The *Groundwater Protection Act*, Iowa Code Ch. 455E (1987),
establishes procedures and criteria for cleanup of ground water.

• The *Groundwater Hazard Documentation Law*, Iowa Code Ch. 558.69
(1987, as amended 1988), establishes disclosure requirements for real
property transfers.

• The *Land Recycling and Environmental Remediation Standards Act*, Iowa
Code Ch. 455H (1997), establishes a voluntary cleanup program for the
state.

**Kansas**

> **General Information**
>
> **Contact:** Rick Bean, Chief, Remedial Section
>
> **Address:** Remedial Section\
> Kansas Department of Health and\
> Environment (KDHE)\
> Bureau of Environmental Remediation\
> 1000 SW Jackson, Suite 410\
> Topeka, KS 66612-1367
>
> **Phone:** 785 296 1675
>
> **Fax:** 785 296 7030
>
> **Email:** rbean@kdhe.state.ks.us
>
> **Web site:** *http://www.kdheks.gov/remedial/index.html*
>
> **Contact:** Jeff Poyer, Unit Leader, Voluntary Cleanup Unit
>
> **Address:** Remedial Section
>
> Voluntary Cleanup and Property Redevelopment Program\
> Kansas Department of Health and\
> Environment (KDHE)\
> Bureau of Environmental Remediation\
> 1000 SW Jackson, Suite 410\
> Topeka, KS 66612-1367
>
> **Phone:** 785 291 3244
>
> **Fax:** 785 296 7030
>
> **Email:** jpoyer@kdhe.state.ks.us
>
> **Web site:** *http://www.kdheks.gov/remedial/vcp/index.html*
>
> **Contact:** Vacant, Unit Leader, Restoration and Long-Term
> Stewardship Unit (Contact Rick Bean)
>
> **Address:** Remedial Section\
> Environmental Use Control Program
>
> Kansas Department of Health and\
> Environment (KDHE)\
> Bureau of Environmental Remediation\
> 1000 SW Jackson, Suite 410\
> Topeka, KS 66612-1367
>
> **Phone:** 785 296 1675
>
> **Email:** rbean@kdhe.state.ks.us
>
> **Web site:** *http://www.kdheks.gov/remedial/euc/index.html*
>
> **Contact:** Doug Doubek, Unit Leader, State Response and Property
> Redevelopment Unit\
> Brownfields Program
>
> **Address:** Remedial Section\
> Brownfields Program
>
> Kansas Department of Health and\
> Environment (KDHE)\
> Bureau of Environmental Remediation\
> 1000 SW Jackson, Suite 410\
> Topeka, KS 66612-1367
>
> **Phone:** 785 291 3246
>
> **Fax:** 785 296 7030
>
> **Email:** ddoubek@kdhe.state.ks.us
>
> **Web site:** *http://www.kdheks.gov/brownfields/index.html*

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

**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:**

• Brownfields Targeted Assessment Program

• Voluntary Cleanup and Property Redevelopment Program (VCPRP)

• Environmental Use Controls Program

**Liability relief provisions:** Under KSA 65-34,169 and KAR 28-71-10,
stakeholders performing cleanup of contaminated properties that meet the
criteria in the law (low to medium priority sites with minimal risk) can
receive a No Further Action determination from KDHE to provide some
protection from potential liabilities. Adjacent property owners who did
not contribute to the contamination may also receive protection from
KDHE through such determinations.

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

**Legislative or program site eligibility requirements:**\
Brownfields Targeted Assessment Program:

• Eligible applicants---Any unit of government (e.g., city, town,
county, municipality, nonprofit organization) may submit a property for
assessment.

• Eligible properties---All types of properties may receive an
assessment, with some exceptions. The primary focus is on industrial and
commercial properties; however, residential areas may be considered
under special circumstances. Properties subject to enforcement action
associated with environmental contamination are not eligible (e.g.,
Superfund sites). Units of government may petition for exceptions.

Voluntary Cleanup and Property Redevelopment Program (VCPRP)---All
eligible properties must contain an actual, threatened, or suspected
release of a contaminant or be impacted or threatened by contaminants
from an off-property source.

Properties that are not eligible to participate in the VCPRP include: 1)
properties listed or proposed for listing on the federal National
Priorities List (NPL); 2) properties that are currently subject to
existing environmental enforcement action, order or agreement with
local, state, or federal governmental agencies; 3) properties which
have, or should have, a permit pursuant to the Resource Conservation and
Recovery Act (RCRA) containing a corrective action component; 4)
properties contaminated by oil and gas activities regulated by the
Kansas Corporation Commission; and 5) properties that present immediate
and significant risk to human health and the environment, including
public and private drinking water supplies.

***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.):**

• Brownfields Targeted Assessment Program

-   Brownfields Cleanup Program

• Brownfields Cleanup Revolving Loan/Grant Program

• Kansas Agricultural Remediation Fund was created in July 2000 to
assist in the investigation and remediation of qualifying properties
with agricultural-related contaminants. The program provides direct
reimbursement up to \$200,000, and low-interest loans up to \$300,000.

**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:** Environmental Use Controls Program (same
as institutional controls).

**Contaminants covered/excluded:** All contaminants and pollutants
covered including lead, asbestos, and polychlorinated biphenyls (PCBs).

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

**IC Tracking:** All ICs are tracked and a part of a computerized
database for public viewing.

**IC Oversight:** All ICs are enforceable by KDHE pursuant to the
statute.

**IC Monitoring:** All ICs are inspected on a regular basis to ensure
compliance.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** VCPRP applications must
be submitted with \$200 nonrefundable application fee; initial deposit,
not to exceed \$5,000 is required to cover KDHE's oversight costs
including cost of labor associated with review of documents, studies and
test results, collection of split samples, laboratory analysis, and
other costs. There are also costs to participate in the Environmental
Use Control Program depending on the category of the site.

**Funding source for administrative costs and staff:** An administrative
rate is charged to the applicant and may be adjusted annually.

***Cleanup Activities***

**Sites currently in VCP:** As of December 31, 2007, the VCPRP received
481 applications with 408 properties currently active in either
investigation or cleanup.

**Sites completed under VCP:** As of December 31, 2007, the VCPRP issued
152 No Further Action letters and 1,671 acres had been remediated.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **No further action determination, streamlined process, and
clearly defined cleanup standards provided early in the process.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**
Notice is required when a cleanup plan has been accepted by KDHE. Notice
must specify the comment period, which is at minimum, 15 days. In
addition, the cleanup plan must be made available by KDHE to the public
upon request.

**Public participation activities (hearing, meetings, etc.):** Following
the 15-day public comment period, a public information meeting may be
held by KDHE if the comments warrant a meeting, or the voluntary party
requests a meeting. The public information meeting shall provide the
public with information about relevant activities at the property
associated with the voluntary cleanup and property redevelopment
program. Public information meetings shall be attended by a member of
KDHE and the voluntary party or designated representative, or both.

***Statutory Authorities***

• *Voluntary Cleanup and Property Redevelopment Act* KSA 65--34, 161 et
seq.

• *Voluntary Cleanup and Property Redevelopment Program* KAR
28--71---28--71--12.

• Environmental Use Controls, KSA 65--1,221 et seq.

**Missouri**

> **General Information**
>
> **Contact:** Jim Belcher
>
> **Address:** Missouri Department of Natural Resources (MoDNR)\
> Hazardous Waste Program\
> P.O. Box 176\
> Jefferson City, MO 65102-0176
>
> **Phone:** 573 526 8913
>
> **Fax:** 573 526 4817
>
> **Email:** jim.belcher@dnr.mo.gov
>
> **Web site:** *www.missouribrownfields.com\
> www.dnr.mo.gov/env/hwp/bvcp/hwpvcp.htm*

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

**Brownfields definition:** Missouri defines a brownfield as a site that
is or is perceived to be contaminated by hazardous substances.

**Program titles:** Brownfields/Voluntary Cleanup Program (BVCP)
(1994)---Updated program name in 2003

**Liability relief provisions:** Certificate of Completion issued by the
state. Any interested party can apply with property owner's permission.
Includes risk-based cleanup criteria, tied to future land use, and
institutional and/or engineering control provisions.

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

• Brownfields Remediation State Tax Credits provided through the
Missouri Department of Economic Development can reimburse up to 100% of
cleanup costs. The tax credits are based upon job creation or retention.
The project has to be enrolled in the BVCP. The tax credits have a
20-year period and can be sold to other parties.

• Site Specific Assessments (SSA) are available through the BVCP to
local governments and nonprofit organizations. Phase I and/or Phase II
Environmental Assessments are provided free of charge via a state
contract with approved environmental consulting companies as the
vendors. The applicant does not have to own the property or have the
intention to acquire the property. The SSA can be requested on behalf of
a third party.

• Low-interest loans and grants are available through the Missouri
Brownfields Cleanup Revolving Loan Fund (RLF). The Environmental
Improvement & Energy Resource Authority (EIERA) manages the RLF.
Applicants have to be the property owner and cannot be a viable
responsible party; they can be any entity including individuals and
profit-making organizations. An EPA 104(k) Competitive RLF grant funds
the sub-grant program. The project has to be enrolled in the BVCP.

• Low-interest loans for brownfields cleanup are available through the
Missouri State Revolving Fund (SRF). The MoDNR Water Protection Program
manages the fund. The loans are available to local governments. To be
eligible, a site has to have a water-related threat, either to surface
or ground water.

• The Missouri State Historical Preservation Office (SHPO) state tax
credit is a nationally leading program that is one of the largest
providers of funds used for brownfields redevelopment in Missouri. The
eligible project must be a structure on the national historical registry
or be located within a designated historical district. The state tax
credits can be sold and are in addition to federal tax credit programs.

• There is a broad range of grants, state tax credits, and loans
available to address demolition, infrastructure building, and
redevelopment. The Missouri Department of Economic Development manages
most of the state programs and they are complimentary to similar federal
programs provided by the Department of Housing and Urban Development
(HUD) and the U.S. Department of Agriculture (USDA). The Missouri
Department of Transportation also has programs to support redevelopment.

**Legislative or program site eligibility requirements:** Sites may not
be eligible for the BVCP if:

• Site conditions constitute an imminent and substantial threat to
public health or the environment.

• The site is, or was, or any part thereof, a permitted or interim
status hazardous waste management facility regulated under the Resource
Conservation and Recovery Act (RCRA).

• The site or any part thereof, has been investigated for listing on the
Superfund National Priorities List (NPL).

• The site is, or was, or any part thereof, the subject of an
enforcement action, or the site warrants an enforcement action under
RCRA; the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA); the Missouri Hazardous Waste Management Law; or
any other federal or state environmental law or statute.

• Remediation has been initiated or completed since August 28, 1994
prior to applying for enrollment in BVCP.

• Contamination is a release from a petroleum storage tank that is
eligible for cleanup under Missouri's Petroleum Storage Tank Insurance
Fund.

***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.):**

• Missouri's Drycleaner Environmental Response Trust (DERT) Fund
provides for the investigation, assessment, and cleanup of dry cleaning
facility sites. Only chlorinated material contamination is to be
addressed. Eligible sites will have costs reimbursed after a \$25,000
deductible up to \$1,000,000 per incident. The DERT fund is managed by
MoDNR as part of the BVCP Section.

• Missouri's Petroleum Storage Tank Insurance Fund covers insured and
other eligible petroleum sites with both under ground and above ground
storage tanks. The fund will reimburse cleanup costs up to \$1,000,000
per incident after a \$10,000 deductible.

**Tax incentives (abatements, credits, etc.): **The Brownfields
Redevelopment Program offers a menu of state tax credits for up to the
entire amount of remediation costs; tax credits of between
\$500-\$1300/year (for up to 10 years) for each new job created; capital
investment tax credit of 2%; an income exemption of 50%; and a tax
abatement for up to 15 years for local property taxes.

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

***Program Elements***

***Technical Elements***

**Methods/standards/controls:**

• From 1998 to 2006, the BVCP has been using its guidance document,
Cleanup Levels for Missouri (CALM), to establish cleanup levels. It is a
Risk-Based Corrective Action (RBCA)-like process, in which applicants
can select standards for residential (or unrestricted), commercial, or
industrial uses.

• The BVCP is using the Missouri Risk-Based Corrective Action (MRBCA)
Process for Petroleum Storage Tanks, which was released in February
2004, at sites which are contaminated with petroleum and related
compounds.

• MoDNR adopted the MRBCA guidance document that will cover
non-petroleum hazardous contaminants. This new guidance replaces CALM.

**Contaminants covered/excluded:** The BVCP addresses petroleum,
asbestos, lead paint, CERCLA hazardous substances, polychlorinated
biphenyls (PCBs), and controlled substances contamination.

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

• The BVCP recognizes that not all properties can be cleaned up to
unrestricted use standards, as desirable as that would be. There are
projects where the intended end use does not require the cleanup level
to meet unrestricted use and the economics of doing so would prohibit
the cleanup and redevelopment. Under the MRBCA guidance, the site
remediation can be complimented by institutional and/or engineering
controls. The most used institutional control is a restrictive covenant
that is associated with and considered part of the property legal
description. The covenant addresses restrictions of property usage. The
covenant also documents the engineering controls in place and the
cautions associated with working near or on the controlling feature.

• MoDNR is developing a long-term-stewardship system (LTS) to document
and track the continued enforcement of institutional controls. The BVCP
is providing the leadership for the LTS program, but it will address all
remediated sties in Missouri regardless of the program providing
oversight.

**IC Tracking:** Sites with LTS controls are listed on the BVCP Web
site.

> **IC Oversight and Monitoring:** Annual inspection visits by a BVCP
> project manager are required. LTS site owners are required to notify
> the BVCP prior to transforming the property to a new owner.

***Management & Implementation Elements***

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

**Costs to enter program or fees for service:** Participants pay the
state's actual costs and overhead (actual x 3.5). The application fee is
\$200 and up to \$5,000 initial deposit is made toward the costs.
Oversight costs are charged on an hourly basis. After completion or
withdrawal, any remaining deposit balance is refunded.

**Funding source for administrative costs and staff:** The Missouri BVCP
is administered by the MoDNR Division of Environmental Quality,
Hazardous Waste Program with 15 full-time equivalent (FTE) staff. Other
support agencies include the Geological Survey and Resources Assessment
Division (GSRAD) and the Missouri Department of Health and Senior
Services (DHSS). The Attorney General's Office provides legal support.
The project management oversight fees cover only a portion of the BVCP
cost. The balance of funding is through an EPA 128(a) State Response
grant.

***Cleanup Activities***

**Sites currently in BVCP: **As of December 31, 2007,** **820
applications have been received since program establishment in 1994. 85+
applications are processed annually (172 in 2007) and there are
typically 240 active projects.

**Sites completed under BVCP: **340 certificates of completion have been
issued. The balance of 100+ sites are inactive, denied, or chose to
voluntarily withdraw from the program.

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

• Applicants receive assurance that their property has been cleaned up
properly with the oversight of a state agency. The certificate of
completion is an essential document when the applicant seeks financial
institution support for redevelopment. Several state assistance
programs' eligibility requirement is BVCP enrollment; these include the
Brownfields Remediation Tax Credits and the EIERA RLF. A certificate of
agreement also protects the property owner from enforcement actions by
either MoDNR or EPA for the contamination addressed by the cleanup.

• The State of Missouri and the communities the projects are located in
benefit greatly. A 2006 study of the value of cleaned up projects
profiled 50 redeveloped BVCP sites. Total investment on these 50 sites
was \$2.2 billion: 11,053 full-time jobs were created; over 153 thousand
tons of contaminated materials were removed; and 686 acres and 23
historic buildings were returned to profitable use.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **Public notice, comment, and document availability are required
by statute (Chapter 610). In addition, the *Missouri Hazardous Waste
Management Law* provides for appeals through the Hazardous Waste
Management Commission, which may convene a public hearing if a
resolution of appeals cannot be negotiated. Public meetings,
availability sessions, fact sheets, and news releases are commonly used
to provide information to the public, and to solicit input from the
public.

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

• A Missouri Brownfields Conference is held annually with a targeted
audience of local government officials and community involvement groups.
There were 152 participants at the 2007 conference.

• Brownfields workshops are offered and held statewide.

• Presentations are made at the annual and monthly meetings of several
professional and community organizations, including Regional Planning
Commissions.

• Participation in the Department of Economic Development Downtown
Revitalization and Economic Assistance in Mission (DREAM) workshops.

• Promotion of applications for EPA Brownfields 104(k) grant program
including participation in EPA Region 7 workshops.

***Statutory Authorities***

• The *Missouri Hazardous Waste Management Law*, Mo. Rev. Stat.
§§260.350--260.575 (1977, as amended in 1980, 1983, 1985, 1987, 1988,
and 1993), authorizes the Hazardous Waste Remedial Fund and provides for
a priority list, strict liability, site access, administrative order
authority, penalties, and punitive damages.

• The *Voluntary Cleanup Law* (passed in 1993 as S.B. 80), Mo. Rev.
Stat. §§260.565--575, provides authority for a voluntary cleanup
program.

**Nebraska**

> **General Information**
>
> **Contact:** Nebraska Department of Environmental Quality (NDEQ)
>
> **Address:** 1200 N Street, Suite 400\
> P.O. Box 98922\
> Lincoln, NE 68509
>
> **Phone:** 402 471 2186/3388
>
> **Fax:** 402 471 2909
>
> **Web site:** *http://www.deq.state.ne.us/*

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

The Nebraska Voluntary Cleanup Program (VCP) was established by the
Remedial Action Plan Monitoring Act (RAPMA) in 1995, as amended in 2004.
The VCP is a fee-based cleanup program for property owners, potential
property buyers, facility owners, local governments, and other parties
interested in voluntarily cleaning up contaminated properties under
state oversight. The VCP utilizes a streamlined, results-based approach
to environmental cleanup to facilitate the redevelopment and reuse of
brownfield sites and provide an alternative approach to more traditional
federal cleanup programs such as Superfund or the Resource Conservation
and Recovery Act (RCRA) programs. All cleanups are performed in
compliance with all state and federal environmental standards and
substantive requirements. Upon successful completion of the cleanup
activities, the state provides a determination of No Further Action
(NFA).

**Brownfields definition:** No state definition; uses federal definition
pursuant to the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) § 101(39).

**Program titles:** 

-   Nebraska Voluntary Cleanup Program established by RAPMA

-   Section 128(a) Assessment Program

**Liability relief provisions:** If at the completion of all cleanup
activities, the applicant has remitted all applicable fees, has met the
provisions and the objectives agreed to with NDEQ, and has complied with
all state and federal environmental standards and substantive
requirements, then NDEQ may issue a letter stating that no further
action need be taken at the site related to the contamination for which
the remedial action was conducted.

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

**Legislative or program site eligibility requirements:** No eligibility
requirements, open to all entities.

The statute (Neb. Rev. Stat § 81--15,181 to § 81--15,188) requires the
following items:

• Application form and a nonrefundable application fee of \$5,000.

• Written agreement to provide reimbursement of NDEQ oversight costs,
including submittal of a refundable initial deposit of \$5,000.

• Remedial action plan that conforms to all state and federal
environmental standards and substantive requirements.

• Documentation regarding the investigation of land pollution or water
pollution at the site, including, information indicating that the
applicant holds or can acquire title to all lands or has the necessary
easements and rights-of-way.

• Project monitoring reports, and appropriate engineering, scientific,
and financial feasibility data.

• Remedial action report documenting that the plan has been fully
implemented.

***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 VCP receives federal Section 128(a)
funding from EPA to offer Section 128(a) assessments to communities at
no cost.

**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:** The VCP developed a comprehensive
guidance document that outlines the overall cleanup process and
information requirements for the preparation and submittal of a remedial
action plan. Full characterization of the nature and extent of
contamination must be completed before applying to the program. The
remedial action plan must consist of an investigation report which
presents a conceptual site model based on a thorough investigation, and
a remedial action work plan which outlines the plan for cleaning up the
site. The comprehensive guidance document also includes a three-tiered
remediation goals protocol that considers human health risks, ground
water use, and future land use.

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

**Use of long-term stewardship and institutional controls
(IC):** Engineering and institutional controls are used for sites that
are not cleaned up to unrestricted land use. Institutional controls in
accordance with the Nebraska Uniform Environmental Covenants Act are
recommended.

> **IC Tracking:** Institutional controls are tracked as part of the
> Public Record required by the federal Section 128(a) funding.
>
> **IC Oversight:** NDEQ reviews and approves remedial action plans and
> performs oversight of implementation of the remedial action, including
> the implementation of institutional controls.
>
> **IC Monitoring:** NDEQ performs periodic monitoring of ongoing
> long-term operation, maintenance and monitoring activities, including
> monitoring of institutional controls.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** November 2006

**Costs to enter program or fees for service:** Application fee of
\$5,000 and initial deposit of \$5,000. At the time of this program
update, legislation is being considered to reduce the fees and initial
deposit.

**Funding source for administrative costs and staff:** The \$5,000
application fee pays for program administration and enhancement and
indirect costs. The \$5,000 initial deposit pays for review and
oversight of remedial action plans. If review and oversight costs exceed
this initial deposit, NDEQ bills the applicant on a quarterly basis for
any additional costs, pursuant to a written agreement with the
applicant.

***Cleanup Activities***

**Sites currently in VCP: **Currently, 7 sites are active in the
voluntary cleanup program.

**Sites completed under VCP:** 8 sites have successfully completed
cleanup requirements under the voluntary cleanup program and have
received NFA letters from NDEQ.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **The VCP utilizes a streamlined, results-based approach to
environmental cleanup to facilitate the redevelopment and reuse of
brownfield sites and provide an alternative approach to more traditional
federal cleanup programs such as the Superfund or RCRA programs.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**
Preliminary approval of the remedial action plan is public noticed for
30 days. Any person may submit written comments regarding the proposed
remedial action during this comment period.

**Public participation activities (hearing, meetings, etc.):** Any
person may also request or petition the Director of NDEQ, in writing,
for a hearing. A hearing is held if the comments, request, or petition
raise legal, policy, or discretionary questions of general application
and significant public interests exists.

***Statutory Authorities***

*Remedial Action Plan Monitoring Act* (Neb. Rev. Stat § 81--15,181 to §
81--15,188).