Tennessee Brownfield VOAP Overview
Voluntary Party - If you did not contribute to contamination by releasing, generating, or transporting materials, you are eligible to negotiate a BVA (Brownfield Voluntary Agreement) to limit your liability.
Liable Party - If you did release, generate, or transport materials that resulted in contamination, you are eligible to collaborate with the VOAP.
Steps for the Program
Phase I Environmental Site Assessment
Limited Phase II Site Assessment
Application to the Voluntary Program
No Additional Action Letter
Costs for the VOAP Program
The VOAP program has several TDEC Division of Remediation (DoR) costs associated with reviewing work plans and analytical data as they progress through the program. It's important to note that these expenses are separate from the fees charged by environmental professionals, such as Lord and Winter, as well as any subsequent site investigation expenses.
- Program Entry - $3,000
- This cost is for the review and processing of the application, and a prorated annual assessment charge of $2,000). This prorated annual assessment covers the first twelve months of program regulatory activity.
- Site characterization - $2,500
- This cost includes time associated with the review of evaluation reports, specifically Phase I or Phase II ESAs or other similar documents. This cost may also be applied to include TDEC Staff Time associated with the review, comment, and work plan approval.
- Remedial Action Work Plan - $3,000
- This cost includes time reviewing, modifying, or approving a submitted workplan, for overseeing the field implementation of the work plan, and for review of any associated reports, including the SMP.
- Risk Assessment Review - $2,500
- This cost includes reviewing, modifying, and approving or disproving assessments of the risk posed by contamination in soil and groundwater in support of alternate cleanup levels.
- Beneficial use Determination - $2,500
- This cost includes reviewing and approving or disapproving a petition for beneficial use determination submitted in accordance with the Division of Solid Waste Management’s policy (PN028). A beneficial use would allow impacted soil to be removed from a Site to be used as fill on another site. The site receiving the fill would then have a land use restriction placed on its deed.
- Vapor intrusion Evaluation/Mitigation $2,500
- This cost includes the review and approval of a submitted work plan, field oversight of implementation of the work plan, review of associated vapor mitigation reports / as-built drawings, or other reports for vapor mitigation strategies.
- Brownfield Voluntary Agreement or Consent order - $4,000
- This cost includes a review of BVA or consent order for the site in the VOAP program.
- Notice of Land Use Restrictions - $1,000
- This cost involves reviewing the land use restrictions when they are to be recorded for a site in the VOAP program.
- Institutional and Engineering Controls Compliance - $750
- This cost is charged once for each site when a NLUR is recorded. This cost covers DoR staff time for future EC/IC inspections).
- Annual Assessment - $4,000
- Whenever a site remains in the program for more than a year, the voluntary party receives an Annual Assessment invoice to support the ongoing project. This cost may only be waived with the approval of the director.
Meeting with TDDEC and Site Characterization
Soil Management Plan
Brownfield Voluntary Agreement / Notice of Land Use Restriction
The Brownfield Voluntary Agreement (BVA) is a legally binding agreement between the State of Tennessee and the Client. This agreement outlines the client's obligations to fully remediate any environmental conditions encountered at the Site. The primary objective of the BVA is to ensure that the identified environmental impacts and conditions do not pose any threat to human health or the environment.
A Notice of Land Use Restriction (NLUR) is a restriction placed on the deed of the Subject Property. It imposes limitations on soil movement, groundwater use, or building requirements based on the contamination present at the property. The NLUR will remain in effect indefinitely, serving as a long-term measure to safeguard against potential risks associated with the contamination at the Subject Property.
Within 30 days of signing the BVA, it is mandatory to post a Public Notice for the Site. This notice serves to inform the public that the Site has entered into a Brownfield Voluntary Agreement with the State of Tennessee. It includes essential information such as the list of contaminants found at the Subject Property, any land use restrictions, and contact details for the Division of Remediation Project Manager for any further inquiries.
To ensure maximum visibility, the Public Notice must be posted at the Subject Property itself, sent by mail to each adjoining landowner, and published in a public newspaper. By following these steps, the necessary information reaches all relevant parties and fosters transparency regarding the Site's status and associated remediation efforts.