A DEPARTMENT OF THE STATE OF LOUISIANA
  • LDEQ
  • Land
  • Voluntary Remediation Program

LAND

Voluntary Remediation Program

Voluntary Remediation Program

LDEQ’s Voluntary Remediation Program (VRP) facilitates the redevelopment of properties with environmental issues by providing applicants the ability to receive a Certificate of Completion (COC) after the successful remediation of environmental contamination at a site. The COC releases the applicant(s) and future site owners, successors and assigns of liability for all past contamination. Through the Voluntary Remediation Program, LDEQ provides administrative, technical, and legal incentives to encourage the redevelopment and reuse of vacant properties that would otherwise remain abandoned. Note: The information below is provided as a general overview of the VRP. Specific statutes and regulations related to the VRP are included in the Legal Authority section and supersede any information provided below. Contact the LDEQ Brownfield and VRP Team for additional information: _DEQ-VoluntaryRemediationProgram.

Benefits of the Voluntary Remediation Program

The benefits of the VRP include:

  • Certificate of Completion and a release of liability for past contamination which flows down to future site owners, successor and assigns.
  • Flexibility in remediation alternatives for parties not responsible for the contamination (see Partial Voluntary Remedial Action section below).
  • Assessment and remediation activities are limited to the boundaries of the “site” as defined by the applicant.

Sites Enrolled in LDEQ’s Voluntary Remediation Program

A list of sites enrolled in LDEQ’s Voluntary Remediation Program is available at Louisiana VRP Sites - Public Record (Updated Daily). Some sites employ institutional controls as noted in the Louisiana VRP Sites table. The Public Record Key for the VRP Sites table is available at: VRP Sites Public Record Key for Institutional Controls.

Eligibility

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

  1. Sites listed on the EPA’s National Priorities List (Superfund Sites) 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.

VRP Investigation and Remediation Process

In order to be eligible for a Certificate of Completion, applicants must perform an investigation and remediation following the requirements of the Voluntary Investigation and Remedial Action statutes and regulations, including performing the remediation pursuant to a Department-approved Voluntary Remedial Action Work Plan. The Voluntary Remedial Action Process Flowchart outlines the required steps including LDEQ approvals and public notice requirements. Each step must be completed in order to receive a Certificate of Completion.

NOTE: For the purposes of the VRP, the term “remedial action”, “remediation”, and “corrective action” are synonymous.

Defining the Site Boundaries

Under the VRP, the applicant defines the boundaries of “immovable property” (e.g. defines the physical boundaries of their VRP site) and the investigation and remediation under the VRP is limited to those defined boundaries. LDEQ still requires that offsite contamination be addressed, either by the responsible party or by LDEQ, but the investigation and remediation outside of the defined site are conducted through LDEQ’s normal regulatory process. In addition to collecting samples to delineate the nature and extent of contamination, applicants are also required to collect samples throughout the site to determine if environmental concerns are present.

Remediation 

If contamination is found above LDEQ standards, remediation must be performed. At this point, the applicant can choose to stay in the VRP or remediate the site under LDEQ’s normal regulatory process. Only sites that are investigated and remediated under the VRP are eligible to receive a Certificate of Completion and a release of liability for past contamination at the site.

Submittal of Voluntary Remedial Investigation Application

Any applicant wishing to enter the VRP must do so at the beginning of the investigation of a site.  Applicants must submit a Voluntary Remedial Investigation (VRI) Application packet to have the Department oversee the investigation.  The VRI application packet consists of:

  • Completed Form VCP001: VRP Application - Investigation Phase with applicable attachments;
  • $500 application fee; and
  • Voluntary Remedial Investigation (VRI) Work Plan which complies with LAC 33:VI:911.A.2.

Note: The legal description of the property must be identified in the application and include identifiable site boundaries.  The legal description can be a several things, including a survey of the area of immovable property, a description from the conveyance records or a description from the assessor’s office.  Just the site address or latitude/ longitude is not adequate.

The LDEQ Team Leader will review the application packet and the VRI Work Plan and provide any comments to the applicant. Once the LDEQ Team Leader approves of the VRI Work Plan, the applicant implements the work plan with LDEQ oversight. The applicant then submits an Investigation Report to LDEQ for review and comment.

  • If the investigation determines that no remediation is necessary and upon approval from the LDEQ Remediation Division Administrator, the LDEQ Team Leader will issue a No Further Action at This Time determination letter for the site.
  • If additional investigation is necessary to define the nature and extent of contamination within the defined site boundaries, the applicant will submit an additional VRI Work Plan detailing the additional investigation activities to be performed for LDEQ review and approval.
  • If the investigation determines that remediation is required, the applicant can choose to perform the remediation under the VRP (see below) or exit the VRP and address the contamination under LDEQ’s normal regulatory process. Only sites that complete a remedial action under the VRP are eligible for a Certificate of Completion. Remedial actions conducted in accordance with LDEQ’s normal regulatory process are eligible to receive a No Further Action at This Time determination letter.

Submittal of Voluntary Remedial Action Application (Remediation Stage)

An applicant wishing to receive Certificate of Completion must submit a Voluntary Remediation Application Packet which consists of:

  • Completed Form VCP002: VRP Application – Remediation Phase with applicable attachments;
  • $500 application fee
  • Voluntary Remedial Action Plan (VRAP; Cleanup Plan) - The VRAP must include (see LAC 33:VI.911.B.4):
  • A copy of the approved Investigation Report (required by LAC 33:VI.911.B.3),
  • The remedial design and work plan,
  • Sampling and analysis plan,
  • QA/QC plan,
  • Site specific health and safety plan,
  • Project schedule,
  • Post remedial operation and maintenance plan (if necessary), and
  • Post remedial monitoring plan (if necessary).
  • In addition, all Partial Voluntary Remedial Actions require use restrictions which must be identified in the Voluntary Remedial Action Plan.

The VRAP cannot be approved unless an investigation report identifying the nature and extent of contamination at the VRP site has been approved by LDEQ in writing. If the VRAP application does not include an approved VRP investigation report, contact the VRP Team Leader to determine next steps forward.

Public Notice

Cleanup/ remediation under the VRP requires a 30-day public notice for the Voluntary Remedial Action Plan (VRAP; also known as a Cleanup Plan). The VRAP is submitted to the LDEQ Team Leader for review. Once the VRAP is reviewed and approved by LDEQ, the applicant will be informed the VRAP is acceptable/ready for public review.  The applicant is then responsible for:

  • Publishing a public notice in a local newspaper according to VRP regulations (LAC 33:VI.911.D)
  • Providing direct notice to persons owning immovable property contiguous to the site with proof of notice (e.g. return receipt cards/ green cards; LAC 33:VI.911.E)
  • Conducting a public hearing (if requested by LDEQ; LAC 33:VI.911.F)
  • Submitting documentation of the public notice, direct notice to adjacent property owners and, if applicable, the public hearing to LDEQ.

If public comments are received during the comment period that necessitate a change in the VRAP, LDEQ will notify the applicant of the necessary changes in writing and require the submission of the revised VRAP.  Upon LDEQ approval that the changes have been incorporated in the VRAP, the Team Leader can move forward with the approval process. If no public comments are received during the comment period, or LDEQ determines that the comments do not affect the remedy or are not germane to the remedy, the VRAP can then move forward in the approval process.  The final VRAP must be signed by the LDEQ Secretary or designee.

Partial Voluntary Remedial Actions

Non-responsible parties may also be eligible to conduct a Partial Voluntary Remedial Action. In addition to removing and/or treating the contamination, a Partial Voluntary Remedial Action may also utilize engineering controls and/or institutional controls to address contamination, which can dramatically reduce remediation costs and facilitate the reuse of the site.  Partial Voluntary Remedial Actions must be protective of public health and the environment for the intended use of the property, and corresponding required use restrictions for the property must be recorded in the parish records. All Partial Voluntary Remedial Action require use restrictions which must be identified in the Voluntary Remedial Action Plan.

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 [Document (save); PDF (view)] at the time of application.

Where and How to Submit Voluntary Remediation Program Documents

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

Estuardo Silva, P.G., Administrator
Remediation Division
P.O. Box 4314
Baton Rouge, LA 70821-4314

Suggested Format for Cover Letter

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 
LDEQ Agency Interest (AI) Number if assigned 
Site Name (should match with AI Number) 
Applicable Alternate Site Name(s)
Physical Address 
City 
Parish

Submittal Guidelines for Electronic Documents

Cost Waivers

Cost waivers for LDEQ VRP review fees up to $5,000 are available for eligible nonprofit and government entities who are not responsible for the contamination at the site being investigated/ remediated. This waiver does not include the $500 application fee to be submitted with the investigation and/or remediation application. To apply for a cost waiver, complete the VRP Oversight Cost Waiver Request Form and submit it as part of your VRP investigation or remediation application packet.

VRP Forms and Information

Forms

 Legal Authority

Legal Authority

LDEQ’s Voluntary Remediation Program was created in 1996 to facilitate the redevelopment of vacant and abandoned sites and create a mechanism for liability protection. 

The VRP is in compliance with LDEQ’s Memorandum of Agreement with EPA Region 6.

Contact Information

General inquiries regarding the Voluntary Remediation Program may be sent via email to _DEQ-VoluntaryRemediationProgram.