BUSTR Class C Releases are Now Eligible for the VAP
With the signing of House Bill 153 on June 30, 2011, volunteers can now follow Voluntary Action Program (VAP) cleanup requirements to address petroleum releases from underground storage tank systems (USTs), as long as the release has been determined by the Bureau of Underground Storage Tank Regulations (BUSTR) to be a “Class C release.” A Class C release is defined as a release of petroleum occurring or identified from a UST system subject to the BUSTR laws, where the responsible person (RP) for the release is specifically determined by BUSTR to not be a viable person capable of undertaking or completing the required corrective actions. BUSTR determines the status of petroleum releases and will designate a release to be a Class C release when either the RP for the release is no longer around (e.g., an individual is deceased or a corporation is bankrupt) or the RP is specifically determined not to be financially able to assess and cleanup the release.
Except for persons responsible for the Class C release, volunteers now have a choice to address a Class C release following either BUSTR rules or VAP rules. Persons responsible for the Class C release are not eligible to receive a covenant not to sue (CNS) from Ohio EPA until the release is addressed under BUSTR rules. If a property has additional identified areas that need to be addressed and it also has a Class C release, all the environmental issues can now be addressed through one environmental cleanup program (i.e., the VAP) instead of having to go first to BUSTR to address the petroleum release and then to Ohio EPA’s VAP to address the remaining issues. This will streamline brownfield cleanup and redevelopment on property having both Class C releases and other environmental issues.
If your property has a petroleum release and is not on the “Class C release list” (see link below) but you want to pursue the VAP, BUSTR and Ohio EPA will work with you to see if information can be obtained to determine whether the release can receive the Class C release designation. The VAP is currently in the process of updating its rules to be consistent with this statutory change. If you have further questions, please contact Ohio EPA at 614-644-2924 or BUSTR at 614-752-7938.
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