Remediation goals are based on background levels, risk assessment results, or a combination thereof. Institutional controls (e.g., land use or groundwater use restrictions) may be adopted to facilitate closure of a site. Conduct risk assessments and develop remediation levels in accordance with the VRP requirements of 9VAC20-160-90. See “Risk Assessment” on the Office of Remediation Programs overview page for additional information on screening level, quantitative, and ecological risk assessment.

The Virginia Unified Risk Assessment Model (VURAM) and associated User Guide are available to facilitate the expeditious review of the Risk Assessment component of the Voluntary Remediation Report. Risk assessments conducted outside of VURAM must follow EPA Risk Assessment Guidance for Superfund (RAGS) procedures. VURAM is updated regularly to remain consistent with EPA Regional Screening Levels values and procedures. The latest version of VURAM supersedes all previous versions. Ensure the latest VURAM version before conducting screening or quantitative risk assessment.

The risk assessment, site characterization report, and remedial action work plan should complement each other in discussing and analyzing the evaluation of the risks to human health and the environment posed by the release. If the risk assessment shows that a remedial action is necessary, a proposed set of remediation levels should also be included. If the remedial action includes engineering and/or institutional controls, a thorough discussion of said controls and their expected efficacy should be provided.

The risk assessment process consists of four major steps:

1. Data collection  
2. Evaluation exposure assessment
3. Toxicity assessment
4. Risk characterization

Once these steps are completed, decisions on how risk will be mitigated to acceptable ranges are made in consultation with the assigned VRP RPM.

Once all of the Voluntary Remediation Report components have been accepted, all remedial action objectives and other required criteria have been met, and all registration fees have been paid DEQ issues a Certification of Satisfactory Completion of Remediation (Certificate).

The drafting of the Certificate and Declarations is an iterative process between the participant, owner, and DEQ in which the participant begins the process. These two legal documents are distinct but are cross-referenced. For sites that achieve the unrestricted use classification, no restrictions documents are included and no further action is required. For sites that impose conditions of issuance, the Certificate and the Declaration of Restrictive Covenants must be recorded among the land records of the relevant jurisdiction.

A model Certificate, including a Declaration of Restrictive Covenants, is available as a Word document template. These are legal documents which remain in the land records and DEQ file in perpetuity. Consultation with legal council can help ensure proper drafting of documentation and can facilitate the completion on the VRP process. For more detail on preparing the certificate, a lunchtime training is available at Applications and Certificates 4/12/2023.

The participant then must submit to DEQ a certified copy of the Certificate and any additional restriction documents (in paper or, preferably, electronic format). Failure to record the Certificate in the local land records within the specified period (usually 90 days) will invalidate the Certificate. Reissuance of an invalid Certificate and Declaration may incur additional fees, so prompt recordation is recommended. Please notify DEQ staff promptly if any issues recording the Certificate and Declaration are encountered during the recordation process.

Phase 1 Enrollment Fee

A complete application consists of the VRP Application Form and a separate Phase 1 Registration Fee of $2,000. To begin the process, please complete the application form and submit it to the Program Manager. Include any supporting information that would assist in the required eligibility determination, e.g., Phase I or Phase II Environmental Site Assessments or other preliminary characterization reports. The Program Manager will assign a VRP site identification (ID) number, in the format “VRP12345.”

Note: VRP applicants who might also be seeking brownfields liability protections in the form of a Bona Fide Prospective Purchaser (BFPP) letter or other comfort letter should notify the Program Manager and visit the Brownfields Program page.

The Phase 1 Registration Fee of $2,000 must be submitted separately from the application package. Make checks payable to Treasurer of Virginia, to facilitate processing please include the assigned VRP site ID and address on the check. Electronic payment is possible and subject to a processing fee (2.5% credit card, $1.00 electronic check). 

Remit payment to:

Virginia Department of Environmental Quality

P.O. Box 1104
Receipts Control
Richmond, VA 23218

After review of the complete application, DEQ will notify the applicant, in writing, whether the site and applicant are eligible for the VRP.

Phase 2 Registration Fee

Once DEQ makes the eligibility determination, a one-time Phase 2 Registration Fee of $7,500 must be paid within 90 days to enroll the site. Make checks payable to Treasurer of Virginia. Electronic payment is possible and subject to a processing fee (2.5% credit card, $1.00 electronic check). To facilitate processing please include the assigned VRP site ID and address on the check. Remit payment to:

Virginia Department of Environmental Quality
P.O. Box 1104
Receipts Control
Richmond, VA 23218

A DEQ remediation program manager (RPM) will be assigned to the newly enrolled VRP site. The RPM serves as DEQ’s main point of contact for all matters concerning the site. They will receive and review project submittals and helps guide the site to completion of the program.

Phase 3 Registration Fee

Beginning on November 1 of the year following the calendar year in which the application was received, DEQ assesses an annual Phase 3 Registration Fee of $4,500 each November 1 for VRP sites participating as of that date. By regulation, DEQ bills this fee on March 1 of the subsequent calendar year, and payment is due April 1. Remit payment to the address noted above.

The March 1 invoice for this annual fee is issued to the person or entity that the VRP participant has identified as the billing contact. It is the participant’s responsibility to provide updated contact information to the assigned DEQ project manager. Late payments are subject to interest and penalties. Note that DEQ suspends work on VRP sites with overdue annual fees and, by regulation, cannot issue a Certification of Satisfactory Completion of Remediation until all fees have been paid.

DEQ understands that time is money and wants to do all it can to help complete these beneficial projects quickly and efficiently. DEQ appreciates all participation in the program and continues looking for ways to add value to projects. VRP participants seeking a consultant or other service provider may find candidates in the Brownfields Marketplace.

Lunchtime Learning

A lunchtime training series for those working with VRP will cover topics of interest. Presentations will be linked below after the training is complete. To stay informed on future trainings please sign up for our VRP bulletins.

Applications and Certificates 4/12/2023

DEQ understands that time is money and wants to do all it can to help complete these beneficial projects quickly and efficiently. DEQ appreciates all participation in the program and continues looking for ways to add value to projects. VRP participants seeking a consultant or other service provider may find candidates in the Brownfields Marketplace.

Current VRP public notices are reflected on the DEQ Public Notices: Land Protection page.

To request VRP records for a specific site use the DEQ Freedom of Information Act (FOIA) process. Please reference the VRP site address and VRP number. Current and historical VRP site addresses, with selected site data are available through the DEQ Open Data Portal: Land Datasets and on the DEQ Environmental Data Mapper under Land Related Layers.

Many VRP sites have some potential for harmful vapor intrusion into buildings. Basic information about characterizing these sites can be found in the ITRC Conceptual Site Models for Vapor Intrusion Mitigation Fact Sheet. For more detailed guidelines and procedures, the VRP generally refers participants to the following resources:

• Interstate Technology and Regulatory Council (ITRC), 2007. “Vapor Intrusion Pathway: A Practical Guideline” (VI-1). [Note: especially Appendix D]
• ITRC, 2014. “Petroleum Vapor Intrusion” (PVI-1).
• ITRC, 2020. “Technical Resources for Vapor Intrusion Mitigation” (VIM-1).
• U.S. EPA, 2015. “OSWER Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air” (OSWER Publication 9200.2-154).

Site redevelopment often involves the reuse of contaminated soil as fill material. General guidance is found in Memo No. LPR-SW-04, 2012, Management and Reuse of Contaminated Media, prepared by DEQ’s Division of Land Protection and Revitalization. Any application of this variance to a VRP site should first be discussed with the assigned DEQ project manager.

Groundwater monitoring wells installed during voluntary remediation must be abandoned after they have served their intended purpose, in accordance with Virginia law. The requirements are the same as in DEQ’s Petroleum Tanks program.

The Code of Virginia § 58.1-3664 defines “environmental restoration sites” to include eligible VRP sites and declares them “a separate class of property” for the purposes of local taxation. It continues, “The governing body of any county, city or town may, by ordinance, exempt or partially exempt such property from local taxation annually for a period not in excess of five years.”

To receive the tax exemption, a site must meet certain criteria and receive a certificate of continued eligibility from the Virginia Waste Management Board during each year it qualifies for the tax treatment. Upon request, DEQ will provide this certificate in the form of a letter to the VRP participant or other requesting party. This letter can be presented to the local governing body for any special tax considerations. For details, please contact the Brownfields Coordinator.

Amendments

Existing certificates or the associated declaration of restrictive covenants may be amended. Requests for amendments will be processed and registration fees are required based upon whether the request is administrative or technical in nature.

Current and Historical Site Information

Current and historical VRP site addresses, with selected site data are available through the DEQ Open Data Portal: Land Datasets. For additional information about a particular site, please contact program staff.