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DISTRICT DEPARTMENT OF THE ENVIRONMENT
NOTICE OF PROPOSED RULEMAKING
Voluntary Cleanup Program
The Director of the District Department of the Environment (the Department), pursuant to the authority set forth in section 801 of the Brownfields Revitalization Act of 2000 (Brownfields Act), effective June 13, 2001 (D.C. Law 13-312; D.C. Official Code § 8-638.01 (2011 Supp.)); the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113, et seq. (2008 Repl.)); section 112 of the Uniform Environmental Covenants Act of 2005, effective May 12, 2006 (D.C. Law 16-95; D.C. Official Code § 8-671.12 (2008 Repl.)); section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C Official Code § 8-151.07(4) (2008 Repl.)); and Mayor’s Order 2006-61, dated July 14, 2006) hereby gives notice of the intent to amend Title 20 of the District of Columbia Municipal Regulations (DCMR), to add a new chapter 45. This new chapter would provide for a comprehensive hazardous substances response plan for contaminated property and consolidate the Department’s two (2) voluntary cleanup programs. In addition, the proposed rulemaking would satisfy a request from the United States Environmental Protection Agency (EPA) to promulgate these regulations. The proposed rules shall be submitted to the Council for a forty-five (45)-day period of review, from the date of publication of this notice in the D.C. Register, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this forty-five (45)-day review period, the proposed rules shall be deemed approved.
Brownfields remediation and redevelopment is an important feature of environmental law. Renewal of Brownfield properties ties together two substantial benefits to the community. First, the environmental benefit of rehabilitating contaminated properties protects the health and welfare of the citizenry from hazardous substances. Second, Brownfield redevelopment prevents urban sprawl by allowing already developed sites to be reused, instead of being discarded. The environmental benefits provided also coincide with substantial economic benefits ranging from jobs created during remediation, jobs created during redevelopment of the property, jobs created from the new use of the property, and tax-revenue derived from the new use of an otherwise idle property. Brownfield redevelopment can also help provide an incentive for renewal in an area otherwise viewed as blighted by a contaminated property.
The Brownfields Act authorizes the District to establish a comprehensive hazardous substance response program that encourages the clean-up and reuse of contaminated property. Section 801 of the Brownfields Act (D.C. Official Code § 8-638.01) authorizes the District to promulgate regulations implementing the programs and plans described in the Brownfields Act.
Chapter 45 proposes regulations that implement the voluntary cleanup program (VCP) established by the Brownfields Act. Previously, the Department has managed the VCP through its statutory authority and in accordance with EPA’s implementing guidance, but these regulations improve this process by clearly defining the program for the regulated community. Chapter 45 would also incorporate the Voluntary Remedial Action Program (VRAP), a voluntary response program for underground storage tanks. Rather than promulgate regulations for two (2) separate voluntary clean-up programs, the Department has consolidated the programs into one that addresses both hazardous substances and petroleum.
Finally, this proposed rulemaking would repeal 20 DCMR § 6213, the old VRAP regulations, because the VRAP regulations would be consolidated with the VCP in chapter 45.
TITLE 20 DCMR (ENVIRONMENT) is amended to add a new CHAPTER 45 (VOLUNTARY CLEANUP PROGRAM), to read as follows:
CHAPTER 45 VOLUNTARY CLEANUP PROGRAM
4500 Purpose, Scope, and Applicability
4500.1 The purpose of this chapter is to promote voluntary cleanups in the District, to protect human health and the environment by cleaning up contamination at eligible property, and to provide for an expedited public process for cleaning up eligible property.
4500.2 This chapter applies to voluntary cleanups of properties containing or affected by real or perceived contamination from underground storage tanks, as well as voluntary cleanups of properties traditionally considered Brownfields by virtue of past commercial or industrial activities on the property.
4500.3 This chapter applies to any person who submits a Voluntary Cleanup Program (VCP) application to the Department with respect to an eligible property.
4501 Applying to the VCP
4501.1 A person who wishes to enter the VCP shall complete a VCP application and submit the application to the Director. The application form is available on the District Department of the Environment’s web site at http://ddoe.dc.gov.
4501.2 The application shall include the following information:
(a) The name, address, phone number, and contact information for the eligible person, and for any other person involved in preparing the application;
(b) Information that establishes that the property is an eligible property
(c) An Environmental Assessment and any other relevant information about the environmental conditions of the property, including the nature and location of all hazardous substances known by the applicant to be present on the applicant’s property and information on contamination known to the applicant at the time of the application;
(1) All environmental assessments must be performed in a manner consistent with relevant American Society for Testing and Materials (ASTM) International standards;
(2) Examples of acceptable environmental assessments include the ASTM E1527-05 Standard Practice for Environmental Site Assessments Phase I Environmental Site Assessment Process, and the ASTM E1903-97 (2002) Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process;
(d) Verifiable information regarding the identity of the owners of the property, and any known information about prior owners of the property;
(e) A descriptive summary of a proposed cleanup action plan that conforms to applicable cleanup standards;
(f) The signature of the applicant and the date of the application; and
(g) A non-refundable application fee in an amount not to exceed ten thousand dollars ($10,000) made payable, by check or money order, to the D.C. Treasurer, unless the contamination at the eligible property is solely petroleum, in which case the application fee is three thousand five hundred dollars ($3,500).
4501.3 At any time after the initial application is submitted, the Director may request additional information from the applicant about any aspect of the property, the application, or the applicant’s plans for use of the property. A request by the Director for more information shall toll the ninety (90) day review periods described in § 4501.8.
4501.4 The Director may deny an application on the grounds that:
(a) The application is incomplete;
(b) The property is not an eligible property; or
(c) The applicant has not demonstrated the technical and financial capability to complete the cleanup.
4501.5 If the Director denies an application, after providing the applicant an opportunity to correct any deficiency in an application, the applicant shall forfeit his or her application fee.
4501.6 After receiving a complete application, the Director shall either:
(a) Deny an application; or
(b) Seek public comment on the Department’s proposed approval of the application.
4501.7 Notice of the public comment period shall be published in the D.C. Register and shall be mailed to the Advisory Neighborhood Commission in the neighborhood where the concerned property is located. The Director may, in his or her sole discretion, use additional methods for providing public notice, such as:
(a) Publication of notices in local newspapers;
(b) Block advertisements;
(c) Public service announcements;
(d) Letters to individual households;
(e) Personal contacts by field staff; or
(f) Notifications to civic associations.
4501.8 The Director shall review and consider any comments received under §4501.6(b). Not later than ninety (90) days after receiving a complete application, the Director shall approve or deny the application. The Director’s decision shall be in writing and addressed to the applicant.
4501.9 If the Director denies an application on the grounds that the application is incomplete, the Director shall include in the notice to the applicant the additional information necessary for a complete application.
4501.10 If the Director denies an application on other grounds listed in § 4501.4, the Director may, in his or her sole discretion, request and evaluate additional information from the applicant. If the applicant fails to submit a revised or amended application within thirty (30) days after receipt of the notice from the Director, then the application shall be considered withdrawn, and the application fee shall be forfeited.
4502 Cleanup Action Plan
4502.1 No later than sixty (60) days after the Department approves an application to participate in the VCP, the applicant shall submit a Cleanup Action Plan (CAP). The CAP shall provide for a cleanup that is protective of human health and the environment and shall include:
(a) A description of the nature and extent of contamination;
(b) The data, information, or studies relied on to describe the nature and extent of contamination;
(c) A proposed response action;
(d) All applicable or relevant and appropriate requirements and cleanup standards;
(e) A schedule for completing the proposed response action; and
(d) Any activity or use limitations (institutional controls) contemplated for the response action.
4502.2 At any time after the applicant submits a CAP, the Director may request additional information from the applicant about any aspect of the property, the CAP, or the applicant’s plans for use of the property. A request by the Department for more information shall toll the review periods described in § 4502.5.
4502.3 No later than thirty (30) days after receiving a complete CAP, the Director shall:
(a) Disapprove the CAP and provide a written explanation to the applicant; or
(b) Seek public comment on the Department’s proposed approval of the CAP.
4502.4 Notice of the public comment period must be published in the D.C. Register and shall be mailed to the Advisory Neighborhood Commission in the neighborhood where the concerned property is located. The Director may, at his or her sole discretion, use additional methods for providing public notice, such as:
(a) Publication of notices in local newspapers;
(b) Block advertisements;
(c) Public service announcements;
(d) Letters to individual households;
(e) Personal contacts by field staff; or
(f) Notifications to civic associations.
4502.5 The Director shall review and consider any comments received under §4502.3(b). Not later than ninety (90) business days after receiving a complete CAP, the Director shall approve or deny the CAP. The Director’s decision shall be in writing.
4502.6 After final approval of the CAP by the Director, the participant shall implement the CAP according to the schedule, requirements and standards in the CAP. If a participant fails to perform the actions required by the CAP properly and in a timely way, the Director may establish a revised schedule for the response action, or may withdraw approval of the application.
4503 Abatement Action
4503.1 If the Director determines that there is an imminent or substantial endangerment to the public or the environment as a result of a release or threatened release of a hazardous substance from an eligible property, the Director may take any action necessary, consistent with the Hazardous Substances Response Plan to respond to the endangerment, including but not limited to, a judicial or administrative action against any person to address the release or threatened release of hazardous substances.
4504 Cleanup OBJECTIVES
4504.1 All response activities performed under these regulations shall attain a degree of cleanup of hazardous substances that ensures protection of human health and the environment.
4504.2 Every CAP prepared under these regulations shall include cleanup objectives for each contaminant of concern and for each applicable or relevant and appropriate requirement. The cleanup objectives shall ensure protection of human health and the environment.
4504.3 Cleanup standards may be developed taking into account existing or reasonably anticipated future land uses of the areas of the facility that could be impacted by a release or threat of release of hazardous substances.
4504.4 Any CAP prepared under this chapter may use existing numerical cleanup standards, such as the United States Environmental Protection Agency’s Regional Screening Levels (http://www.epa.gov/region09/superfund/prg), or may develop site-specific cleanup standards (risk based standards), pursuant to the risk-based decision-making protocol in this section or Risk-Based Decision Making Technical Guidance Document located on the Department’s website.
4504.5 A CAP prepared under this chapter may also develop technology-based standards, or background-based standards using an alternative protocol; provided that the protocol is approved by the Director and based on sound scientific principles designed to protect human health and the environment. Any site-specific cleanup standards developed under this subsection must protect the most sensitive receptor, whether that receptor is ecological or human. Site-specific cleanup standards for petroleum products or by-products must use the procedures and standards in § 6206.
4504.6 The cleanup standards for the protection of human health shall be consistent with an incremental cancer risk range of one (1) per million to one (1) per ten thousand (10,000) (that is, the criteria represent a one (1) per million to one (1) per ten thousand (10,000) estimated chance of increase in cancer risk over a lifetime); for non-carcinogenic health affects, the hazard quotient and hazard index shall be no greater than one (1).
4504.7 The cleanup standards for the protection of ecological receptors shall be predicated on an ecological hazard quotient of no greater than one (1).
4504.8 The Director may approve adjustments to cleanup standards based on technological or economic feasibility of achieving such standards. In general, cleanup standards for a chemical of concern may not be set at levels that would be more stringent than a naturally-occurring background level for the chemical of concern for the locale.
4504.9 The Director may adjust, or require the adjustment of, the cleanup standards derived for individual exposure pathways to account for multiple exposure pathways, sensitive or vulnerable receptors, as well as for multiple exposure sources.
4504.10 If exposures to certain hazardous constituents occur through multiple exposure pathways, lower cleanup standards may be required. If sensitive populations (including vulnerable persons, as well as sensitive ecosystems and habitats, or threatened or endangered species) are exposed or potentially exposed to the release or threatened release of hazardous substances, then more stringent cleanup standards may be required.
4505 Right of Access
4505.1 The approval of an application by the Director shall mean that the participant has granted the Department an express right to access the eligible property for the purposes of inspecting and verifying the implementation of the CAP.
4506 Financial Responsibility
4506.1 A performance bond, in an amount to be determined by the Department, as necessary to secure and stabilize the eligible property if the CAP is not fully implemented, shall be posted with the Department before the participant may perform any cleanup action on the property. The obligation of the performance bond shall be void upon the issuance of a Certificate of Completion to the participant, or sixteen (16) months after the date of withdrawal if the participant withdraws from the program.
4506.2 The obligation of the performance bond shall be due and payable to the Department upon notification by the Department that action must be taken to stabilize and secure the eligible property to ensure the protection of public health and the environment.
4507 Completion of the Response Action
4507.1 After completing the response action, the participant shall submit a cleanup completion report to the Director within thirty (30) business days.
4507.2 The cleanup completion report shall include the following information:
(a) All sampling results;
(b) The measures taken to achieve applicable cleanup standards;
(c) Any engineering or institutional controls implemented at the property, and the measures necessary to maintain the controls;
(d) The type, location, and concentration of all hazardous substances addressed during the response action;
(e) The type, location, and concentration of any hazardous substance remaining on site after completion of the response action;
(f) The intended future use of the property; and
(g) Any other information specified by the Department that is related to the CAP.
4507.3 The Director may request additional information from the participant in order to determine whether the participant has completed the response action.
4507.4 If the Director determines that the participant has not completed the response action, the Director shall identify, in a written notice to the participant, those aspects of the response action that are not completed.
4508 Certificate of Completion
4508.1 If the Director determines that the participant has completed all necessary response actions required by the CAP, and has achieved all applicable cleanup standards, then the Director shall, not later than thirty (30) business days after receiving a complete report under § 4507.1, issue a Certificate of Completion (COC) to the participant. The Certificate shall state:
(a) That the requirements of the CAP have been implemented and that applicable cleanup standards have been met;
(b) That the participant has demonstrated that implementation of the CAP at the eligible property has achieved applicable cleanup standards regarding the contamination addressed in the CAP;
(c) That the participant is released from further liability under chapter 6A of title 8, Section 306 of the Brownfields Act, effective June 13, 2001 (D.C. Law 16-95; D.C. Official Code § 8-633.06 (2011 Supp.)) and any other District law or regulation that specifically applies to the contamination addressed by the CAP for the cleanup of the eligible property and for any contamination identified by the environmental assessment of the property;
(d) That the participant shall not be subject to a contribution action instituted by a responsible person;
(e) Whether long-term monitoring and maintenance is necessary for the eligible property;
(f) The permissible uses of the property; and
(g) That the COC is transferable.
4508.2 Before issuing a COC, the Director shall provide the public with fourteen (14) days notice to comment on any proposal to issue a COC.
4508.3 If the Certificate restricts permissible use of the property, the participant shall record the Certificate with the Recorder of Deeds within thirty (30) business days after receiving the Certificate, or the Certificate shall be deemed void.
4508.4 The Director shall send a copy of the Certificate to the Recorder of Deeds and the Office of Tax Revenue within ten (10) business days after issuance.
4508.5 If an eligible property is subject to any activity or use limitation as a result of a response action performed under the VCP, the owner of the eligible property may seek to eliminate the activity or use limitation by submitting an application to participate in the VCP. In this situation, the person is responsible for performing any response actions necessary to eliminate the activity and use limitations applicable to the property.
45086 A Certificate of Completion shall not:
(a) Prevent the District from taking action against any person or property to prevent or abate an imminent or substantial endangerment to the public or the environment;
(b) Remain in effect if obtained by fraud or a material misrepresentation, or if new information is discovered, within a reasonable time, about a hazardous substance that revises the acceptable risk levels, or if the risk level increases due to a change in land use;
(c) Affect the District's authority to take action against any person concerning new contamination or the exacerbation of existing contamination after a COC has been issued;
(d) Affect the District's authority to take action against any person concerning previously undiscovered contamination at an eligible property after a COC has been issued;
(e) Prevent the District from taking action against any person who is responsible for long-term monitoring and maintenance, for failure to comply with the CAP or failure to maintain an institutional control;
(f) Prevent the District from taking action against any person who does not comply with conditions on the permissible use of the eligible property contained in the COC;
(g) Prevent the District from requiring any person to take further action if the eligible property fails to meet the applicable cleanup criteria set up in the cleanup action plan;
(h) Affect the planning or zoning authority of the District; and
(i) Affect any tort action against the participant.
4509 Withdrawal from the Program
4509.1 A participant may withdraw from the VCP at any time, provided the participant satisfies each of the following conditions:
(a) The participant shall provide a minimum of ten (10) days written notice to the Director of the anticipated withdrawal from the VCP;
(b) The participant shall perform any and all response actions necessary to eliminate actual or potential human exposure to hazardous substances;
(c) The participant shall make the financial assurances available to the Director pursuant to § 4506; and
(d) The participant forfeits all application fees.
4510 Institutional Controls
4510.1 The Director may issue and execute instruments, which may include institutional controls or activity or use limitations, pertaining to property cleaned up in accordance with this chapter and property adversely affected by residual hazardous substances from property cleaned up in accordance with this chapter. When necessary, the Director shall request other District agencies to issue and execute instruments that include institutional controls, or activity or use limitations. The instruments shall include:
(a) A notice of residual risk, which shall describe residual hazardous substances and their location on a property and any engineering or institutional controls that are in place at the facility or site;
(b) A residual risk restriction, which may apply to the use of the property or to the use of specific resources on the property to the extent that the restriction will provide flexibility in use but must be consistent with the objectives of this chapter;
(c) A hazardous substance easement, which may grant the Director access to the property for the purposes of monitoring the levels of hazardous substances and the maintenance and functioning of engineering or institutional controls;
(d) An environmental covenant signed by the Director in accordance with section 112 of the Uniform Environmental Covenants Act of 2005, effective May 12 2006 (D.C. Law 16-95; D.C. Official Code §§ 8-671.01, et seq. (2008 Repl.); and
(e) Any other orders that run with the land if any other instruments authorized pursuant to this section are found to be insufficient in implementing the objectives of this chapter.
4510.2 Activity or use limitations may be used during any phase of cleanup, including implementation of the CAP, and, where necessary, as a component of the completed remedy.
4510.3 Any activity or use limitation that is a component of a completed response action performed pursuant to this chapter shall follow the procedures and be in accordance with and subject to the applicable requirements set forth in Section 501 of the Brownfields Act, effective June 13, 2001 (D.C. Law 13-312; D.C. Official Code § 8-635.01(b)(3A) and (d) (2008 Repl. & 2011 Supp.)), and section 112 of the Uniform Environmental Covenants Act of 2005, effective May 12 2006 (D.C. Law 16-95, D.C. Official Code §§ 8-671.01, et seq. (2008 Repl.)).
4510.4 The Director may create, modify, maintain and disseminate records, informational systems, educational materials and other materials that are necessary to protect public health and the environment at contaminated properties cleaned up pursuant to this chapter or any other laws.
4510.5 The applicant shall submit to the Recorder of Deeds any instruments issued pursuant to this section, and shall confirm that the instruments are recorded with the deed to the property.
4510.6 Any instruments issued pursuant to this section shall run with the land and may not be declared unenforceable under any circumstances, including lack of property interest, lack of privity of estate or contract, lack of benefit to a particular property, or any rule against restraints on transfer of property.
4510.7 The Director may execute, modify, or terminate environmental covenants entered into pursuant to this section in accordance with chapter 6C of title 8 of the Uniform Environmental Covenants Act of 2005, effective May 12 2006 (D.C. Law 16-95; D.C. Official Code §§ 8-671.01, et seq. (2008 Repl.)). The Director may modify, rescind, or extinguish any other instrument issued pursuant to this section for good cause consistent with the objectives of this chapter; provided, that the public is notified and given the opportunity to comment on the proposed action.
4511 INCENTIVES
4511.1 Subject to the availability of funds, the Director may award grants, loans, or other financial assistance to a person for the cleanup and redevelopment of contaminated property. The Director shall not charge more than two percent (2%) interest annually on a loan awarded under this section. The financial assistance may be for an amount up to seventy-five percent (75%) of the total response costs incurred by the recipient of the financial assistance.
4511.2 The Director shall consider the following criteria when determining financial assistance:
(a) The benefit of the remedy to public health, safety, and the environment;
(b) The permanence of the remedy;
(c) The cost effectiveness of the remedy compared to other alternatives;
(d) The financial condition of the applicant;
(e) The economic distress of the area in which the site is located;
(f) The potential for economic development;
(g) The ability of the recipient to repay the loan from future revenue to be derived from the redeveloped site and the loan to the recipient may be secured by a mortgage or other collateral; and
(h) Other factors that the Director determines are relevant to the cleanup and redevelopment of contaminated property.
4511.3 Any monies that the Director receives from the financial assistance offered under this section shall be deposited in the Clean Land Fund.
4599 Definitions
4599.1 When used in this chapter, the following terms shall have the meaning set forth below:
Activity and use limitations – restrictions or obligations created under this chapter, in accordance with section 501(b)(3A) and (d) of the Brownfields Act, effective June 13, 2001 (D.C. Law 13-312; D.C. Official Code § 8-635.01(b)(3A) and (d) (2008 Repl. & 2011 Supp.)), or Section 101 of the Uniform Environmental Covenants Act of 2005, effective May 12 2006, (D.C. Law 16-95; D.C. Official Code § 8-671.01 (2008 Repl.)) with respect to real property.
Applicant – a person who submits an application to participate in the Voluntary Cleanup Program.
Applicable or Relevant and Appropriate Requirement (ARAR) – Applicable requirements are those cleanup standards, standards of control, and other substantive environmental protection requirements, criteria, or limitations promulgated under Federal or State law that specifically address a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstance at a contaminated site. Relevant and appropriate requirements are those cleanup standards, standards of control, and other substantive environmental protection requirements, criteria, or limitations promulgated under Federal or State law that, while not “applicable” to a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstance at a contaminated site, address problems or situations sufficiently similar to those encountered at the contaminated site that their use is well suited to the particular site.
Background-Based Standards – standards developed using site-specific background data. An example is the background ground water concentration standards that hazardous waste land disposal facilities use under Resource Conservation and Recovery Act (RCRA) permits. The background data is used to establish a standard for the facility, which accounts for the presence of any existing contamination hydraulically up-gradient of the facility. Background standards are applied on a site specific basis.
Brownfield – an abandoned, idled property or industrial property where expansion or
redevelopment is complicated by actual or perceived environmental contamination.
Cleanup Action Plan or CAP – the document(s), including cleanup standards, schedules, goals, institutional controls, etc. that describe the actions necessary at an eligible property to protect human health and the environment.
Certificate of Completion or COC – a document issued by the Department after the participant has demonstrated full implementation of the CAP for an eligible property and has completed a cleanup that protects human health and the environment. The contents of the COC shall be consistent with D.C. Official Code § 8-633.06 (d) (2008 Repl. & 2011 Supp.) and provide inter alia a release from further liability under chapter 6A of title 8, section 306 of the Brownfields Act, effective June 13, 2001(D.C. Law 13-312; D.C. Official Code § 8-633.06 (2009 Repl. & 2011 Supp.)).
Contamination – a release, discharge, or threatened release of a hazardous substance.
Department – the District Department of the Environment or its successor agency.
Director – the Director of the District Department of the Environment or its successor agency.
Eligible person – includes any person, partnership, corporation, trust, association, firm, joint-stock company, organization, commission, not-for-profit corporation, or governmental entity.
Eligible property – a brownfield or any contaminated property, from which there is a release or threatened release of a hazardous substance, that is not listed on the National Priority List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., and is not the subject of a current enforcement action by the United States Environmental Protection Agency. If a brownfield or contaminated property is subject to a directive from the Department to perform site remediation, then the property is generally not an “eligible property.”
Environmental Assessment – an assessment of the environmental conditions of a property that is performed in accordance with a generally recognized and commonly used protocol or standard.
Hazard Index – The sum of hazard quotients for substances that affect the same target organ or organ system. Because different pollutants may cause similar adverse health effects, it is often appropriate to combine hazard quotients associated with different substances. A hazard index value of one (1) or less than one (1) indicates that no adverse human health effects (noncancer) are expected to occur.
Hazard Quotient – The ratio of the potential exposure to the substance and the level at which no adverse effects are expected. If the Hazard Quotient is calculated to be less than one (1), then no adverse health effects are expected as a result of exposure. If the Hazard Quotient is greater than one (1), then adverse health effects are possible.
Hazardous substance – any substance designated as a hazardous substance pursuant to section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601(14), including: any substance designated pursuant to section 311(b)(2)(A) of the Clean Water Act; any element, compound, mixture, solution, or substance designated pursuant to section 102 of CERCLA; any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act [42 U.S.C. §§ 6901, et seq.] has been suspended by Act of Congress); any toxic pollutant listed under section 307(a) of the CWA; any hazardous air pollutant listed under section 112 of the Clean Air Act (42 U.S.C. §§ 7521, et seq.); and any imminently hazardous chemical substance or mixture with respect to which the EPA Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act (15 U.S.C. §§ 2601, et seq.), and petroleum, including crude oil and any fraction thereof.
Participant – an eligible person that the Director accepted into the Department’s Voluntary Cleanup Program.
Technology-Based Standards – are developed for the purpose of defining the effectiveness of pollution abatement technology from an engineering perspective.
VCP – the voluntary cleanup program described in this chapter.
Title 20 DCMR (ENVIRONMENT), Chapter 62 (REPORTING OF RELEASES, INVESTIGATION, CONFIRMATION, ASSESSMENT AND CORRECTIVE ACTION), Section 6213 (VOLUNTARY REMEDIATION ACTION PROGRAM) is repealed.
Comments on these proposed rules must be submitted electronically or in writing, no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Written comments must be submitted to Mary Begin, District Department of the Environment, 1200 First Street, NE, 5th Floor, Washington, D.C. 20002 or electronically to mary.begin@dc.gov.
