Voluntary Remediation Program

Who is eligible to enter the VRP?
Any person may request VRP oversight of a remedial action to address contamination of soil or waters of the state. However, the following activities are ineligible according to the new VRP statutes [A.R.S. § 49-172(B)], which took effect July 18, 2000.

1. Cleanup at a site that has qualified for hazardous waste interim status, or to which ADEQ has issued a hazardous waste permit under A.R.S. § 49-922
2. Cleanup at a site where an underground storage tank corrective action is being done pursuant to A.R.S. § 49-1005, if reimbursement of costs from the State Assurance Fund is sought
3. Any cleanup at a site where an action is required by
   1. a written agreement with the director
   2. a judicial judgement or decree; or,
   3. an administrative order issued by the director before a VRP application was submitted
4. Any cleanup at a site listed on the WQARF Registry [see A.R.S § 49-287.01(D)]
5. A remediation that is in the process of being required in a judicial action filed and served before the date of application

What are the benefits of the program?
The VRP offers a priority review of remedial actions, a single point of contact between the participant and all ADEQ programs, and a no further action (NFA) determination upon completion of a remediation to the appropriate standards. The NFA is obtained by successfully completing one of five different NFA alternatives and is offered only through the VRP.

What is the cost for ADEQ to review and oversee a VRP remediation?
The new VRP fee rules, effective Feb. 9, 2001, require a $2,000 non-refundable application fee, which is credited toward the reimbursement costs. The hourly rate is set at $110. A $4,000 deposit is required at the outset, and an additional $4,000 deposit is required each time the deposit account falls below $1,000.

How quickly can the VRP issue a NFA?
The time between acceptance into the program and NFA issuance depends on the thoroughness and accuracy of the data submitted, the nature and extent of contamination and the length of time participants take to respond to VRP inquiries and comments.

Where can I obtain an application?
You may request an application be mailed to you by calling (602) 771-4398 or toll free at (800) 234-5677. Applications are also available online.

Do all voluntary sites have to complete community involvement?
Yes, in every work plan or report submitted to the VRP, the applicant must submit a community involvement plan for approval (A.R.S §§ 49-176 and 181).

Can a participant withdraw from the program at any time?
Yes, a participant can withdraw by providing the VRP a notice of withdrawal. However, if an applicant withdraws from the VRP, but is required to remediate under another Title 49 program, the VRP will refer the site to the applicable program.

Can enforcement actions be suspended while a participant is voluntarily remediating a site?
Yes, as part of the application, an applicant can submit a list of actions to compel remediation that the applicant proposes to be suspended. The work plan approval will specifically state the suspension of remedial actions by the department, including the issuance or filing of any action to compel the work approved in the work plan, to the extent deemed appropriate by the director.

Where Can I Learn More?
In addition to the VRP information on this Web site, you may also call the VRP at (602) 771-4398 or toll free at (800) 234-5677.

Brownfields Assistance Frequently Asked Questions

What is a brownfields site?
For a site to be considered a brownfields site, it must meet three criteria:

1. it is an underutilized commercial or industrial site
2. it has redevelopment potential, and
3. the site's redevelopment potential is complicated by known or perceived contamination with a hazardous substance as defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

What is "contamination," as it is used to define brownfields sites?
A brownfields site is contaminated with a "hazardous substance," as defined by CERCLA. The CERCLA definition of hazardous substance contains a qualified exclusion for petroleum, including crude oil and its fractions. Hazardous substances that are mixed with petroleum products may be CERCLA hazardous substances and also may be used to define a brownfields site. Also, the definition of hazardous substance in CERCLA includes certain hazardous wastes, including those listed under the Resource Conservation and Recovery Act (RCRA), and hazardous wastes that are ignitable, corrosive, reactive or toxic.

What are the benefits of developing a brownfields site?
Brownfields redevelopment benefits the community by reducing environmental hazards, creating new business opportunities and restoring blighted areas to productive use. Brownfields may be located near potential markets and labor, and their redevelopment may be less expensive than developing previously undeveloped land because roads and infrastructure are already in place.

How can ADEQ help with brownfields cleanups?
The Voluntary Remediation Program (VRP) administers the Brownfields Targeted Site Assessment (TSA) Grant and the Brownfields Cleanup Revolving Loan Fund (BCRLF), and certifies eligibility for the federal brownfields tax incentive.

What is the Brownfields Targeted Site Assessment Grant?
Through an EPA grant, the VRP will contract a consultant to conduct a Phase I or Phase II site assessment for qualifying brownfields properties. The program is open to eligible entities who would not be found liable for any existing contamination at the site.

What is the Brownfields Cleanup Revolving Loan Fund?
Brownfields Cleanup Revolving Loan Fund (BCRLF) loans are available for cleanup costs at sites within the city limits of Phoenix and Tucson. Loans can only be given for sites that have been fully assessed. Borrowers must apply and be accepted into ADEQ's VRP, and are subject to the VRP fee rule. The program is open to eligible entities who would not be found liable for any existing contamination at the site.

What is the brownfields tax incentive?
The brownfields tax incentive allows a taxpayer to treat certain environmental remediation costs as deductible expenses in the year paid or incurred rather than being capitalized into the cost of the land. Without the brownfields tax incentive, in some situations, remediation expenditures must be added to the cost of the property and cannot be recovered for tax purposes until the land is sold or disposed of.

Who is eligible for the brownfields tax incentive?
Brownfields tax incentive requirements depend on when the costs were incurred. To be eligible, there must have been a release (or threat of release) or disposal of any hazardous substance at or on the property. For costs incurred on or before Dec. 16, 2000, the site must be within a population census tract with a poverty rate of at least 20 percent. A site in a census tract with a population of less than 2,000 is eligible if more than 75 percent of the tract is zoned for commercial or industrial use, and the tract is contiguous to one or more other population census tracts where the poverty rate is at least 20 percent. Also, if a site is in any federally-designated empowerment zone, enterprise community or any supplemental zone designated on Dec. 21, 1994, it is eligible.

Where can I get more information or an application for brownfields assistance?
Information and applications are available by calling the VRP at (602) 771-4398 or toll free at (800) 234-5677.

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