M E M O R A N D U M
To: Voluntary Response Action Program (VRAP) Users
From: Nicholas Hodgkins, VRAP Coordinator
Date: February 18, 2009
Re: Application submission requirements for parties using the Maine Voluntary Response Action Program (VRAP)
During the past few years, the Maine Department of Environmental Protection’s Voluntary Response Action Program (VRAP) has added a number of new requirements for submission of VRAP applications, such as the performance of private/public well survey’s within 2500 feet of the site, the determination of a site’s classification in the Public Communication Decision Matrix, and various others. While some of you are doing a great job of submitting the required information with your VRAP applications, many are not. This memorandum will clarify the information we currently require with a VRAP application. I do expect additional changes to the VRAP application process in the future, pending legislation that could effect petroleum sites participating in VRAP, but will send a separate correspondence on any changes that occur.
When applying to VRAP, the following issues must be addressed in order for VRAP staff to review the submittal and make decisions regarding the need for further assessment and/or remediation:
• Determination of the presence or absence of private or public water supplies located within a 2500 feet radius of the subject property; the locations of any identified water supplies within 2500 feet of the subject property should be included on a map (guidance)
• Determination of the appropriate classification of the project in the VRAP Public Communication Decision Matrix. This document can be found at: http://www.maine.gov/dep/spills/vrap/vrappcmatrix.html
• Two (2) hard copies of all documents submitted. Phase I environmental site assessments should be current and performed in accordance with the federal “all Appropriate Inquiry” rule or ASTM Standard Practice E1527-05.
• Submittal of a CD with all VRAP application documents, including reports and maps, in pdf format. Additional documents and/or maps produced after the submittal of application must also be submitted to the VRAP in pdf format (guidance). Also, please do not separate single documents into multiple pdfs unless you have oversized maps or figures that are too large to be included in the electronic document. The electronic copy should appear the same as the hard copy submittal (i.e. one bound Phase I should be one pdf file).
• A map of the site location, clearly identifying the site (any type of aerial photo-type map is preferable).
• Provide all data in EDD format to the DEP. Guidance for doing this is available at: http://www.maine.gov/dep/maps-data/egad/index.html#ed
• A Maine Certified Geologist must stamp any work that includes hydrogeological interpretation; a Maine Professional Engineer must stamp any engineered remedial designs.
In addition, if your site involves petroleum contamination (as indicated by a signature on the bottom half of page 4 on the VRAP application), the following will also be required with the application:
• Workplans, budgets, and schedule for activities;
• Actual or estimates of past costs associated with the investigation and cleanup of petroleum discharges at the property;
• A recommendation for classification of the site following the January 1, 2009, “Procedural Guidelines for Establishing and Implementing Action Levels and Remediation Goals for the Remediation of Oil Contaminated Soil and Ground Water in Maine” (hereinafter referred to as the “Petroleum Cleanup Guidelines”; see: http://www.maine.gov/dep/spills/petroleum/index.html#gu ). This recommendation is subject to Department review, and the final decision on the level of clean-up at a particular site is that of the Department.
• To determine if a site is classified as “Baseline 2” or “Intermediate”, sampling will likely need to be conducted following the Petroleum Cleanup Guidelines. Please see the attached memo related to this issue. The methods and procedures currently in use are interim; ongoing work may change how the vapor pathway is evaluated (guidance).
• A third hard copy of the application materials should be provided for all petroleum sites.
In general, any Phase I or Phase II’s submitted that rely heavily on any previous reports must include copies of those referenced reports. Also, it should be made clear by the consultant to the client that they will receive requests for reimbursement from VRAP for our costs associated with the review, oversight and final certification of their site. The party signing the VRAP application is responsible for the costs, and will receive the invoices for VRAP costs.
After the initial submittal of the application materials, all other submittals for a project (i.e. workplans, final remedial reports, etc.) should also include the appropriate number of hard copies and an electronic copy of the documents.
If you follow this guidance when submitting your application, it will help the VRAP make timely decisions regarding proposed actions at a property. VRAP will not act on any applications that are not complete.
Beginning immediately, this application guidance should be followed for all VRAP applications. An electronic “Fill-In-Form” (Microsoft Word) of this application can be found on our website at: http://www.maine.gov/dep/spills/vrap/index.html , as well as a pdf version.
Should you have questions when completing this application, please call me at (207) 287-4854. Our fax number is (207) 287-7826.
When completed, mail the original copy of the application along with the applicable environmental report(s), CD, and fees to:
Maine Department of Environmental Protection
Bureau of Remediation and Waste Management
Division of Remediation
17 State House Station
Augusta, Maine 04333-0017
Attention: Nicholas J. Hodgkins, VRAP
Note: The initial application fee is still $500. Checks for fees should be made payable to the Treasurer, State of Maine for deposit into the Maine Uncontrolled Sites Fund. All Department staff time for review and oversight of VRAP activities will be assessed an hourly charge (not to exceed $50.00 per hour) for actual direct and indirect costs. Initial fee payments are non-refundable. VRAP applicants will be invoiced for staff costs at the end of the project, or quarterly for projects that span longer periods of time.