LAND

Brownfields

Voluntary Remediation Program Description

Parties wishing to receive a Certificate of Completion must perform an investigation and remediation following the requirements of the Voluntary Investigation and Remedial Action statutes and regulations.

Investigation of the site begins with a Voluntary Remedial Investigation Application. The application consists of the Application form, $500 application fee, and an Investigation Work Plan. The work plan shall be designed to identify the nature and extent of contamination at the identified area of immovable property.

After approval and implementation of the investigation work plan, an investigation report shall be submitted for approval. If the nature and extent of contamination has been identified, the department will issue an approval letter stating those facts.

Upon approval of the investigation report, a Voluntary Remedial Action Application may be submitted. The Voluntary Remedial Action Application consists of a Voluntary Remedial Action application form, $500 application fee, and a Voluntary Remedial Action Work Plan. See Voluntary Remedial Action Process Flowchart

 Mission

The Louisiana Voluntary Remediation Program (VRP) provides a mechanism by which property owners (or potential owners) or others can clean up contaminated properties and receive a release of liability for further cleanup of historical contamination at a site. This release of liability flows to future owners of the property as well. Through the Voluntary Remediation Program, LDEQ hopes to provide administrative, technical, and legal incentives in order to encourage the redevelopment and reuse of brownfields properties.

Legal Authority

Eligibility

All properties are eligible for participation in the VRP, except the following:

  1. Sites listed on the National Priorities List or formally proposed to be listed,
  2. Permitted hazardous waste management units (HWMU), however, if the HWMU is located within a larger site, then only that portion of the site inside the HWMU is ineligible,
  3. Trust-fund-eligible underground storage tank sites, and
  4. Sites that have pending, unresolved federal environmental enforcement actions (not simply cost-recovery actions) that are related to the proposed voluntary remediation.

All persons are eligible except that only non-responsible persons (as defined in LAC 33:VI.903) are eligible to perform Partial Voluntary Remedial Actions.

Investigation and Remediation

A Voluntary Remediation must begin with an investigation that is consistent with the methods and processes provided by the Louisiana Risk-Based Corrective Action Program (RECAP) and must include the determination of the nature and extent of potential threats to human health and the environment through data collection and site characterization, and the development of remedial action goals. A Voluntary Remediation must be protective of human health and the environment and comply with RECAP standards as determined by the VRP Regulations.

In the VRP, investigation and remediation are performed on an identified area of immovable property and the release of liability is granted for that specific property. Also, no Certificate of Completion can be issued for a property unless some form of remediation is performed on the property. Contamination cannot be simply risked away in order to obtain a Certificate.

Applications and Fees

Parties wishing to receive a Certificate of Completion must perform an investigation and remediation following the requirements of the Voluntary Investigation and Remedial Action statutes and regulations.

Investigation of the site begins with a Voluntary Remedial Investigation Application. The application consists of the Application form, $500 application fee, and an Investigation Work Plan. The work plan shall be designed to indentify the nature and extent of contamination at the identified area of immovable property.

After approval and implementation of the investigation work plan, an investigation report shall be submitted for approval. If the natue and extent of contamination has been identified, the department will issue an approval letter stating those facts.

Upon approval of the investigation report, a Voluntary Remedial Action Application may be submitted. The Voluntary Remedial Action Application consists of a Voluntary Remedial Action application form, $500 application fee, and a Voluntary Remedial Action Work Plan.

Public Notice

After a satisfactory review, the Voluntary Remediation Application is accepted for public review and the Voluntary Remedial Action Plan must undergo a thirty-day public notice and comment period. The participant must place this public notice in the local newspaper and must also provide a direct notice of the Plan to adjacent landowners by certified mail.

Completion

Upon a satisfactory completion of a voluntary remedial action and the submission of a Voluntary Remedial Action Report that demonstrates that the remedial action goals have been met, the participant receives a Certificate of Completion, from which flows a release from liability of the participant for the cleanup costs of historical contamination at the property.

Partial Voluntary Remedial Actions

A Partial Voluntary Remedial Action is one in which not all discharges or disposals or threatened discharges or disposals are removed. Partial Voluntary Remedial Actions, however, must be protective of public health and the environment for the intended use of the property and corresponding use restrictions for the property must be recorded in the parish records.

Only non-responsible persons, as defined in LAC 33:VI.903, may apply to perform a Partial Voluntary Remedial Action or receive a Certificate of Completion for a Partial Voluntary Remedial Action. Applicants for a Partial Voluntary Remedial Action follow the same process as above, except that they must also submit a Partial Voluntary Remediation Supplemental Application Form at the time of application.

Flowchart

Voluntary Remedial Action Process Flowchart

Where and How to Submit VRP Documents

All paper correspondence regarding remediation issues should be submitted to the department in triplicate to:

Percy V. Harris, Administrator
Remediation Division
P.O. Box 4314
Baton Rouge, LA 70821-4314

Suggested format for submittal

One of the copies should be directed to the attention of the remediation team leader if assigned.  Include the following information on the reference line of all the correspondence submitted:

RE: Purpose of Letter
Agency Interest (AI)
Name AI Number (if assigned)
AOI Name or Unit Name or AOC Name
Applicable Alternate ID
Physical Address
City
Parish

Submittal Guidelines for Electronic Documents

VRP Forms and Information

Brownfields Success Stories

LDEQ Contact Information

General inquiries regarding the Voluntary Remediation Program and Brownfields issues may be directed to Duane Wilson, at (225) 219-3719. Inquiries may also be sent by email to brownfields@la.gov.