Virginia's Voluntary Remediation Program: Tiered Standards and the Certificate of Satisfactory Completion

Statutory and regulatory basis

• Va. Code § 10.1-1232 — VRP statutory authority.
• 9VAC20-160 — VRP implementing regulations.
• Administered by Virginia Department of Environmental Quality (DEQ).
• Non-enforcement-based — not an alternative to or refuge from applicable laws, regulatory requirements, or enforcement actions.

Primary source: deq.virginia.gov (Voluntary Remediation Program).

Eligibility and enrollment

Both applicant and site must meet eligibility criteria:

• Participants include site owners, operators, or other parties with site access + owner consent.
• Eligible sites are those with hazardous-substance contamination that might otherwise remain unaddressed.
• Sites under active enforcement for the same contamination typically are not eligible.

The three-phase fee structure

• Phase 1 Registration Fee — $2,000. Paid with application.
• Phase 2 Registration Fee — $7,500. Paid within 90 days of DEQ's written eligibility confirmation.
• Phase 3 Registration Fee — $4,500 annually. Assessed November 1 of the calendar year following the application, continuing while the site remains enrolled.
• Payable to Treasurer of Virginia.

The annual Phase 3 fee creates an incentive to progress through remediation rather than languish in the program.

Site characterization and risk assessment

After enrollment, participants characterize the site to determine contamination nature and extent. Risk assessment then informs whether cleanup is needed and to what levels. Key tools:

• Virginia Unified Risk Assessment Model (VURAM) — available for VRP sites to support risk assessments across media and exposure scenarios.
• Remediation goals derived from background levels, risk assessment results, or a combination.

The tiered cleanup-level framework (9VAC20-160-90)

The VRP uses a tier-based approach to setting remediation levels:

Tier I — Background

Compare contaminant concentrations against background levels. Where remediation achieves background, no further action typically required.

Tier II — Generic levels

Where Tier I isn't feasible or appropriate, generic screening-level comparisons apply:

• Groundwater: federal Maximum Contaminant Levels (MCLs) or EPA Region III Risk-Based Concentration Table tap water values.
• Surface water: for contaminants with Virginia Water Quality Standards, the lower of applicable human health criteria or chronic aquatic life criteria.
• Soil: EPA Regional Screening Levels (RSLs) and other applicable federal/state screening values. Human health risk screening levels revised to 1 × 10⁻⁵.

Site-specific tier / risk-based

Where generic levels aren't appropriate for site conditions, site-specific risk assessment establishes acceptable cleanup levels through VURAM or equivalent.

Remedial Action Plan, implementation, monitoring

1. Remedial Action Plan submitted and approved by DEQ.
2. Participants implement the plan.
3. Institutional controls (land use restrictions, groundwater use restrictions) may apply.
4. Monitoring wells installed during remediation must be properly abandoned per Virginia law once their purpose is served.
5. Voluntary Remediation Report submitted with site characterization, RAP, demonstration of completion.
6. Public notice required upon DEQ's acceptance of site characterization — to affected property owners and the locality.

Certificate of Satisfactory Completion of Remediation

Upon successful completion and payment of all fees, DEQ issues the Certificate. Effects:

• Assurance that DEQ will not pursue future enforcement for the known releases described, absent new discoveries.
• Immunity applies to the participant and to current or future property owners.
• Runs with the land.
• For sites achieving unrestricted use, no restriction documents included; no further action required.
• For sites with residual contamination under institutional controls, restrictions recorded and continuing compliance required.

VRP vs VBAF — program vs funding

VRP and the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund (VBAF) serve complementary roles:

• VRP — regulatory cleanup program; participants are site owners/operators; DEQ-administered; produces Certificate of Satisfactory Completion.
• VBAF — financial incentive program under Va. Code § 10.1-1237; grants/loans to local governments for site assessment, redevelopment planning, and cleanup; administered by Virginia Resources Authority (VRA) with VEDP directing distribution in consultation with DEQ.

Many brownfield projects use both — local-government VBAF funding supports assessment and cleanup activities that advance a VRP-enrolled site toward Certificate.

How VA VRP compares to the other Mid-Atlantic brownfield programs

• Pennsylvania Act 2. Three codified standards (Background, Statewide Health, Site-Specific) with NIR, standards-based completion, statutory liability release. See our PA Act 2 essay.
• New Jersey LSRP/SRRA. Private LSRP oversight with Response Action Outcome. See our NJ LSRP/ISRA essay.
• Maryland VCP. MDE-administered with explicit RP vs IP categorization, Certificate of Completion, UECA environmental covenants. See our MD VCP essay.
• Delaware VCP. DNREC-administered voluntary cleanup program.
• Virginia VRP. Three-phase fee structure + tiered cleanup levels + Certificate of Satisfactory Completion. Fee structure is more explicit than neighbors; tiered approach is cleanly documented.

Practical implications

• Annual Phase 3 fee creates cost pressure. Don't linger in the program without progress.
• Public notice is required and a real process step. Build time into the schedule.
• VURAM usage is mature for VA VRP sites. Use it.
• Tiered approach allows selecting the most efficient path given site conditions and future use.
• Certificate runs with the land — good for transactions.
• Institutional controls may be required; documentation and enforcement similar to NJ or MD covenants.

What to do with this

If you're considering a VA brownfield: Phase I + Phase II ESA first, then VRP enrollment if cleanup is warranted. Engage a VA-licensed environmental consultant familiar with VURAM.

If you're a local government: look at VBAF for assessment and planning support; pair with VRP enrollment for the technical cleanup side.

If you're a developer acquiring a VRP-enrolled site: verify current phase status, Certificate issuance, and any recorded institutional controls.

For the broader VA regulatory stack, see our VA CBPA essay, VA USBC essay, and VA VSMP essay.

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