The Nebraska Voluntary Cleanup Program (VCP) is a streamlined, results-based approach to environmental cleanup at contaminated sites in Nebraska. Any person or organization wanting to initiate voluntary environmental cleanup activities may participate in the VCP. Through this program, property that may otherwise be considered a liability may lead to beneficial reuse and economic redevelopment.

Background

The VCP, established in 1995 by the Remedial Action Plan Monitoring Act (Section 1, Attachment 1-5 RAPMA Statute), allows the Nebraska Department of Environment and Energy (NDEE) to review and oversee cleanup efforts.

NDEE and the U.S. Environmental Protection Agency (EPA) Region VII negotiated a Memorandum of Agreement (MOU), effective November 22, 2006, for the Nebraska Voluntary Cleanup Program. The partnership developed through this agreement facilitates cleanup of contaminated sites entering the VCP. The agreement also allows for continued federal grant funding to enhance the program and assist in the redevelopment of brownfield sites through assessment and cleanup grant funding to communities.

Most importantly, the MOU offers protection from federal Superfund enforcement for those eligible sites that successfully complete cleanup under the VCP — while taking less time and resources than traditional cleanup routes such as the Superfund program.

Since its inception, 28 sites have been cleaned up through the VCP, with 25 sites in progress. These are recorded in the Public Record, which is a list of voluntary cleanup sites at which environmental response actions have been completed during the previous year, are in process of being completed, or are planned to be addressed in the upcoming year or near future. The documentation is a requirement for receiving CERCLA 128(a) funding from EPA.

The VCP approach

The VCP allows an applicant to complete environmental cleanup under State oversight through a Memorandum of Agreement (MOA) with the NDEE. Other similar mechanisms for this type of process include an Administrative Order on Consent under Nebraska Title 118 – Groundwater Quality Standards and Use Classification or the Resource Recovery and Conservation Act (RCRA), or referral to EPA Superfund.

Environmental investigations and cleanups traditionally follow a regimented process with extensive regulatory oversight. Returning a contaminated property to productive use could take many years. Conversely, the VCP minimizes the number of steps in the regulatory review process by focusing on goals or objectives rather than a rigid and structured process.

It is important to note, however, the requirements are just as rigorous as other cleanup methods. Participants must comply with all State and Federal applicable environmental regulations.

The program’s goals include:

• Protecting human health and the environment
• Returning contaminated properties to productive use
• Providing a streamlined, results-based approach to environmental cleanup
• Offering an alternative approach to traditional cleanup programs
   

Potential applicants could include property owners and buyers, facility owners, local governments and any other interested parties who want to use this approach to clean up contaminated properties while maintaining compliance with all applicable state and federal environmental regulations. Applicants have the latitude to determine how to achieve cleanup goals, with NDEE providing guidance and oversight throughout the process. This enhances the applicant’s responsibility for achieving agreed-upon cleanup goals for the site.


The VCP process
To complete this process, an applicant would:

1. Conduct a thorough environmental investigation of the site. To help streamline the process, this should be done before enrolling in the VCP. However, NDEE does allow applicants who may want additional guidance and oversight to apply before the investigation is complete.
2. Complete the VCP application and submit it with a $2,000 application fee and $3,000 initial deposit for oversight costs.
3. Sign a Written Agreement describing the expectations of the applicant and NDEE regarding voluntary cleanup of the site.
4. Submit the Remedial Action Plan (RAP), which consists of an Investigation Report and a Remedial Action Work Plan.
5. Conduct remediation at the site as described in the RAP.
6. Submit the Remedial Action Report (RAR).
    

NDEE reviews the application, written agreement, RAP and RAR. The NDEE public notices its preliminary determination to approve the RAP to solicit comment on the proposed remedial action. When the final RAR is approved, NDEE may prepare a No Further Action letter to declare that no further remedial action is necessary, and the property is ready for redevelopment and reuse.

The $3,000 initial deposit is used to pay for oversight costs. The applicant pays for all site investigation and cleanup costs and may be billed for additional oversight costs if the site is especially complicated or if the plans and reports are not complete or adequate.

Applicants who have paid all applicable fees, completed their cleanups, and met the provisions and objectives agreed to with NDEE may:

• Receive documentation from NDEE that no further remedial action is required at the site related to the contamination for which the remedial action was conducted
• Begin redevelopment and productive reuse of the property more quickly than through traditional cleanup programs
• Reduce the likelihood of further enforcement actions.

For more information, download the Nebraska VCP Guidance document or call the VCP Coordinator at (402) 471-6411.