With the signing of House Bill 153 in June 2011 and the signing of Senate Bill 294, which became effective on Sept. 3, 2012, volunteers can now follow Voluntary Action Program (VAP) cleanup requirements to address petroleum releases from underground storage tank systems (USTs) at several sites that were previously ineligible to enter the VAP prior to conducting a BUSTR regulated cleanup.
Class C sites, pursuant to Ohio Revised Code 3737.88, are eligible for the VAP as long as the release has been determined by the Bureau of Underground Storage Tank Regulations (BUSTR) to be 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 (for example, an individual is deceased or a corporation is bankrupt) or the RP is specifically determined not to be financially able to assess and clean up the release. To determine if your site is already designated as a Class C release, use BUSTR's searchable database OTTER (see link in Resources section).Volunteers now have a choice to address a Class C release following either BUSTR rules or VAP rules.
If your property has a petroleum release and is not on the “Class C release list” but you believe it to be a Class C release and want to pursue the VAP, you can complete the BUSTR-VAP Eligibility Determination Form and BUSTR will work with you to determine whether the release can receive the Class C release designation.
Additionally, in accordance with Ohio Revised Code 3737.88, BUSTR "Class D" sites are now eligible for the VAP. These include sites with BUSTR UST releases where:
- The volunteer is not a responsible party, as defined by BUSTR, or the subject of a BUSTR administrative order or referral to the Attorney General’s Office; and
- The property, on which the UST release exists, must include other non-BUSTR hazardous substances that are being addressed under the VAP.
To pursue a voluntary action on a site with a UST release(s) that you believe meets the qualifications for the above status, you must complete the BUSTR-VAP Eligibility Determination Form for each release.
If you have further questions, please contact Ohio EPA at (614) 644-2924 or BUSTR at (614) 752-7938.