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

The VCP approach
As part of the VCP, applicants can complete environmental cleanup with State oversight through a Memorandum of Agreement (MOA) with the NDEE. The VCP serves as an alternative cleanup route to the more traditional federal cleanup programs like Superfund or RCRA. These federal 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 applicable State and Federal 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 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 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).

Throughout the process, NDEE reviews the application, written agreement, RAP, and RAR for approval. The public has the opportunity to provide comments on the proposed remedial action described in the RAP during a public notice period. Public hearings may be held, if requested.

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 NDEE’s oversight costs. The applicant pays for all site investigation and cleanup 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.

VCP participants 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.

Background
The VCP was established in 1995 by the Remedial Action Plan Monitoring Act and 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 signed a Memorandum of Agreement (MOA), effective Nov. 22, 2006, for the Nebraska Voluntary Cleanup Program. The agreement 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.

The MOU also 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, 30 sites have been cleaned up through the VCP, with 23 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 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.

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