The Voluntary Cleanup and Redevelopment (VCRA) Program

What Is VCRA?

The act was developed to permit and encourage voluntary cleanup of facilities where releases or threatened releases of hazardous or deleterious substances exist, by providing interested persons with a method of determining what the cleanup responsibilities will be for reuse or redevelopment of existing facilities. Any entity (such as facility owners, operators, or prospective purchasers) may submit an application for approval of a voluntary cleanup plan to the Department. Voluntary Cleanup Plans (VCPs) may be submitted for facilities whether or not they are on the CECRA Priority List. The plan must include (1) an environmental assessment of the facility; (2) a remediation proposal; and (3) the written consent of current owners of the facility or property to both the implementation of the voluntary cleanup plan and access to the facility by the applicant and its agents and the Department. The applicant is also required to reimburse the Department for any costs that the state incurs during the review and oversight of a voluntary cleanup effort.

VCRA Legislation

The act is contained in §§ 75-10-730 through 738, MCA. Major sections include: § 75-10-732 - eligibility requirements; § 75-10-733 and § 75-10-734 - environmental property assessment and remediation proposal requirements; § 75-10-735 - public participation; § 75-10-736 - timeframes and procedures for Department approval/disapproval; and § 75-10-737 - closure process. Section  75-10-721, MCA of CECRA must also be met. 

VCRA History

The 1995 Montana Legislature amended the Comprehensive Environmental Cleanup and Responsibility Act (CECRA), creating the Voluntary Cleanup and Redevelopment Act (VCRA) (Sections 75-10-730 through 738, MCA). VCRA formalizes the voluntary cleanup process in the state. It specifies application requirements, voluntary cleanup plan requirements, agency review criteria and time frames, and conditions for and contents of no further action letters.

The VCRA Process

The act offers several incentives to parties voluntarily performing facility cleanup. Any entity can apply and liability protection is provided to entities that would otherwise not be responsible for site cleanup.  Cleanup can occur on an entire facility or a portion of a facility. Under this act, the Department cannot take enforcement action against the party conducting an approved voluntary cleanup for work addressed in that plan. The Department review process is streamlined: the Department has 30 to 60 days to determine if a voluntary cleanup plan is complete, depending on how long the cleanup will take. When the Department determines an application is complete, it must decide within 60 days whether to approve or disapprove of the application; this 60 days also includes a 30-day public comment period.  The Department's decision is based on the proposed uses of the facility identified by the applicant and the applicant conducts any necessary risk evaluation. Once a plan has been successfully implemented and Department costs have been paid, the applicant can petition the Department for closure. The Department must determine whether closure conditions are met within 60 days of this petition and, if so, the Department will issue a closure letter for the facility or the portion of the facility addressed by the voluntary cleanup.

Current VCRA Facilities

As of January 2007, the Department has approved 25 voluntary clean plans for 19 facilities, including  mining, manufactured gas, wood treating, dry cleaning, salvage, pesticide, fueling, refining, metal plating, defense, and automotive repair facilities. Applicants have expressed interest and/or submitted applications for voluntary cleanup at fifteen other facilities.  The Department maintains a registry of VCRA facilities.

Other VCRA Information

The Department does not currently have a memorandum of agreement (MOA) with the Environmental Protection Agency (EPA) for its Voluntary Cleanup Program.

The Department has produced a VCRA Application Guide to assist applicants in preparing a new application; this guide is not a regulation and adherence to it is not mandatory.

Two copies of Voluntary Cleanup Plans should be submitted to the Site Response Section Manager:

Denise Martin
DEQ - Remediation Division
PO Box 200901
Helena, MT 59620-0901
(406) 841-5060