Louisiana
In 1995, the Louisiana Legislature passed Act 1092, known as the Voluntary Investigation and Remedial Action law, which allows property owners and other persons who clean up properties to risk-based standards (see Louisiana Risk Evaluation/Corrective Action Program) to get a Certificate of Completion from the Louisiana Department of Environmental Quality (LDEQ).

With this Certificate, the property owner and any subsequent owners of the property are released from further liability under state law for the past contamination at the site. In effect, the certificate allows potential buyers to acquire and remediate brownfields properties without fear of state superfund liability.

On April 20, 2001, LDEQ promulgated the Louisiana Voluntary Remediation Regulations to implement this statute and formalize the Voluntary Remediation Program within the department. LDEQ will use the statute and these new regulations to facilitate voluntary cleanups.

Mission: The Louisiana Voluntary Remediation Program (VRP) provides a mechanism by which property owners (or potential owners) or others can clean up contaminated properties and receive a release of liability for further cleanup of historical contamination at a site. This release of liability flows to future owners of the property as well. Through the Voluntary Remediation Program, LDEQ hopes to provide administrative, technical, and legal incentives in order to encourage the redevelopment and reuse of brownfields properties.

Legal Authority : Louisiana Voluntary Investigation and Remedial Action (VIRA) statute (La. R.S. 30:2285-2290) Louisiana Voluntary Remediation Regulations (LAC 33:VI.Chapter 9)

Eligibility: All properties are eligible for participation in the VRP, except the following:

Sites listed on the National Priorities List or formally proposed to be listed;

Permitted hazardous waste management units (HWMU), however, if the HWMU is located within a larger site, then only that portion of the site inside the HWMU is ineligible;

Trust-fund-eligible underground storage tank sites, and;

Sites that have pending, unresolved federal environmental enforcement actions (not simply cost-recovery actions) that are related to the proposed voluntary remediation.

All persons are eligible except that only non-responsible persons (as defined in LAC 33:VI.903) are eligible to perform Partial Voluntary Remedial Actions.

Investigation and Remediation : A Voluntary Remediation must begin with an investigation that is consistent with the methods and processes provided by the Louisiana Risk-Based Corrective Action Program (RECAP) and must include the determination of the nature and extent of potential threats to human health and the environment through data collection and site characterization, and the development of remedial action goals. A Voluntary Remediation must be protective of human health and the environment and comply with RECAP standards as determined by the VRP Regulations.

In the VRP, investigation and remediation are performed on an identified area of immovable property and the release of liability is granted for that specific property. Also, no Certificate of Completion can be issued for a property unless some form of remediation is performed on the property. Contamination cannot be simply risked away in order to obtain a Certificate.

Applications and Fees: Parties wishing to receive a Certificate of Completion must perform an investigation and remediation following the requirements of the Voluntary Investigation and Remedial Action statutes and regulations. Investigation of the site begins with a Voluntary Remedial Investigation Application. The application consists of the Application form, $500 application fee, and an Investigation Work Plan. The work plan shall be designed to indentify the nature and extent of contamination at the identified area of immovable property.

After approval and implementation of the investigation work plan, an investigation report shall be submitted for approval. If the nature and extent of contamination has been identified, the department will issue an approval letter stating those facts.

Upon approval of the investigation report, a Voluntary Remedial Action Application may be submitted. The Voluntary Remedial Action Application consists of a Voluntary Remedial Action application form, $500 application fee, and a Voluntary Remedial Action Work Plan.

Public Notice: After a satisfactory review, the Voluntary Remediation Application is accepted for public review and the Voluntary Remedial Action Plan must undergo a thirty-day public notice and comment period. The participant must place this public notice in the local newspaper and must also provide a direct notice of the Plan to adjacent landowners by certified mail.

Completion: Upon a satisfactory completion of a voluntary remedial action and the submission of a Voluntary Remedial Action Report that demonstrates that the remedial action goals have been met, the participant receives a Certificate of Completion, from which flows a release from liability of the participant for the cleanup costs of historical contamination at the property.

Partial Voluntary Remedial Actions: A Partial Voluntary Remedial Action is one in which not all discharges or disposals or threatened discharges or disposals are removed. Partial Voluntary Remedial Actions, however, must be protective of public health and the environment for the intended use of the property and corresponding use restrictions for the property must be recorded in the parish records. Only non-responsible persons, as defined in LAC 33:VI.903, may apply to perform a Partial Voluntary Remedial Action or receive a Certificate of Completion for a Partial Voluntary Remedial Action. Applicants for a Partial Voluntary Remedial Action follow the same process as above, except that they must also submit a Partial Voluntary Remediation Supplemental Application Form at the time of application.

Mississippi
The Mississippi Brownfields Program is designed to empower communities, and other stakeholders in economic redevelopment to work together in a timely manner to prevent, assess, safely clean up, and sustainably reuse brownfields. A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The Mississippi Brownfields Program provides administrative and technical assistance for brownfields revitalization.

WHAT IS A TARGETED BROWNFIELDS ASSESSMENT?
MDEQ's Targeted Brownfields Assessment (TBA) program is designed to help cities, counties minimize the uncertainties of contamination often associated with brownfields. Targeted Brownfields Assessments supplement and work with other efforts under MDEQ's Brownfields Program to promote cleanup and redevelopment of brownfields. Under the TBA program, MDEQ provides assessment and planning services at brownfields sites throughout the State. A TBA may encompass one or more of the following activities:

1. A screening or "all appropriate inquiry" (Phase I) assessment, including a background and historical investigation of the brownfield site;
2. A full environmental assessment, including sampling activities to identify the types and concentrations of contaminants and the areas of contamination to be remediated; and
3. Establishment of cleanup options (Corrective Action Plan) and cost estimates based on future uses and redevelopment plans.

The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

1. "Brownfield agreement" means an agreement between the commission and a brownfield party for the remediation of a brownfield agreement site.
2. "Brownfield agreement site" means brownfield property that is remediated under a brownfield agreement. The site shall consist of the brownfield property that is the subject of the application and any other brownfield property (i) for which the source of contamination is environmental contamination or activities on or under the brownfield property that is the subject of the application, and (ii) concerning which the commission determines that remediation is necessary.
3. "Brownfield party" means any person who desires to execute and implement a brownfield agreement, including but not limited to, the record owner of the brownfield agreement site, a person who desires to either buy or sell the brownfield agreement site for the purpose of developing or redeveloping that site and the successors and assigns of these owners and persons, and local governments and other political subdivisions that desire to promote the development or redevelopment of the brownfield agreement site.
4. "Brownfield property" means any property where use is limited by actual or potential environmental contamination, or the perception of environmental contamination, and that is or may be subject to remediation under any state environmental program or under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USCS 9601 et seq. (1997) (CERCLA), but does not include any of the following:
   1. Those sites proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL or those sites listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites;
   2. Those sites for which an order or enforcement action is issued or entered under CERCLA or Sections 3008(h), 3013(a) or 7003(c) of the Resource Conservation and Recovery Act of 1976, as amended, 42 USCS 6901 et seq. (1994 and Supp. 1997) (RCRA) and which is still in effect; and
   3. Those sites undergoing corrective action under RCRA Section 3004(u), 3004(v) or 3008(h), except those sites that the United States Environmental Protection Agency determines have completed corrective action.
5. "Commission" means the Commission on Environmental Quality.
6. "Department" means the Mississippi Department of Environmental Quality.
7. "Engineering control" means a modification to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These modifications may include, but are not limited to, physical or hydraulic control measures, capping, point of use treatment, or slurry walls, but shall not include the exclusive use of security fencing.
8. "Executive director" means the Executive Director of the Mississippi Department of Environmental Quality.
9. "Land-use restriction" means the limitation on use of or access to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These restrictions may include, but are not limited to, deed restrictions, use restrictions, or restrictive zoning.
10. "Local government" means a county or municipality within the State of Mississippi.
11. "Person" means person as defined in Section 17-17-3.
12. "Potentially responsible party" means a person who is or may be liable for remediation under a remedial program.