Petroleum Brownfields Eligibility Criteria Amy Steinmetz Petroleum Brownfields

Petroleum Brownfields Eligibility Criteria Amy Steinmetz Petroleum Brownfields Coordinator MT DEQ LUST/Brownfields Section PO Box 200901 Helena, MT 59620 (406) 841 -5053 asteinmetz@mt. gov

Four Main Criteria for Brownfields Eligibility: 1. 2. 3. 4. Relative Risk Corrective Action Orders Viable, Responsible Party Liability of Applicant

1. Relative Risk Site must be of relatively low risk compared to other petroleum release sites in the state… n This means that the site must not currently be using LUST Trust funding, and n The site cannot currently be subject to a response under the Oil Pollution Act. n

2. Corrective Action Order n Site cannot be subject to a corrective action order under the Resource Conservation and Recovery Act § 9003(h) or comparable state law.

3. Viable, Responsible Party 3 a – Is there a responsible party for the site? n 3 b – If there is a responsible party, is the responsible party viable? n

3 a. Responsible Party n There must not be any judgment rendered in court of law, enforcement action by state or federal law, or citizen suit, contribution action, or other third party claim brought against the current or immediate past owner of the site that would require assessment or cleanup of the site.

3 a. Responsible Party, continued Site may be determined to have no responsible party if the site was last acquired through tax foreclosure or equivalent government proceedings. n Chain of title will be required to show ownership if the site is not government -owned and… n

3 a. Responsible Party, continued Current and immediate past owner must not have dispensed or disposed of contamination on the site. n Current and immediate past owner cannot have exacerbated contamination on the site, and must take reasonable steps with regard to contamination at the site. n

3 b. Is the Responsible Party Viable? Is the responsible party capable of assessing and cleaning up the petroleum contamination at the site? n Tools for determining viability: n – INDIPAY analysis for individuals – ABEL analysis for corporations – MUNIPAY analysis for municipalities

4. Liability of Applicant n The applicant must not have dispensed or disposed of contamination on the site, must not have exacerbated contamination on the site, and must take reasonable steps with regard to contamination at the site.

Questions? Please see Montana’s Petroleum Brownfields Guidance Document for more information or to access Montana’s Petroleum Brownfields Eligibility Determination Form: http: //deq. mt. gov/LUST/Brownsfields/Petro_BF_Final_Guidance_09 -25 -09. pdf