As discussed in my prior post, in September Ohio EPA announced that it would be sending “hundreds of letters” to property owners that have trichloroethylene (TCE) contamination, including property owners that cleaned up their property under the Voluntary Action Program (VAP). At the September meeting of VAP professionals the Agency announced that it could take
No Further Action Letter
Ohio EPA Proposed Voluntary Action Program (VAP) Rule Changes
Ohio EPA is moving forward with substantial changes to the rules for the Voluntary Action Program (VAP) which governs the procedures and standards for voluntary cleanup of industrial sites and brownfields. The Agency provided an overview of the changes and its response to public comments last week at the Ohio Brownfields Conference in Columbus.
The…
Difference between “Classic” VAP and VAP MOA
In Ohio, the primary brownfield cleanup program is known as the Voluntary Action Program (VAP). Volunteers can cleanup their site to commercial/industrial or residential standards. Upon completing the cleanup the volunteer can receive a legal release from the State of Ohio (called a "Covenant-Not-to-Sue" or CNS).
The CNS under the VAP does not include a…
Is the Voluntary Clean Up Program in Ohio Working?
In 1994, the State created the Voluntary Action Program (VAP) to promote voluntary clean up of industrial and commercial sites, including those currently utilized as well as brownfields.
By 1994 standards the VAP program was cutting edge. It utilized certified professionals (CPs) who performed the investigation and implemented clean ups to meet standards established by…
Ohio Bill Introduced to Give Tax Credit for Site Remediation
The Ohio House has introduced a bill that would provide a tax incentive to clean up contaminated properties. House Bill 10, if enacted, would provide an exemption from penalties as well as a tax credit to encourage companies to voluntarily remediate property.
Similar to other existing tax incentives, the bill encourages companies to remediate property under Ohio’s Voluntary…
Ohio Brownfield Tax Abatement Law Needs Improvement
I was interviewed for a story on the local NPR station in Cleveland about a Northeast Ohio company that nearly went bankrupt because of confusion over Ohio’s brownfield tax abatement law. The title of the story was "How a Poorly Worded Tax Rule Nearly Bankrupted Ohio’s Oldest Company." Listen to the whole story by clicking…