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EPA Signs Memorandum of Agreement with the Kentucky Department of Environmental Protection

Release Date: 01/09/2013
Contact Information: James Pinkney, 404-562-9183 (direct), 404-562-8400 (main), pinkney.james@epa.gov

(Atlanta, Ga. – Jan. 9, 2013) – The US Environmental Protection Agency (EPA) has entered into an agreement with the Commonwealth of Kentucky, Department of Environmental Protection (KY DEP) which will support and strengthen efforts to achieve cleanups that are protective of human health and the environment through the appropriate use of the Kentucky Voluntary Remediation Program (VERP). Kentucky is the 25th state nationally and second Region 4 state, after Florida, to have a voluntary cleanup program agreement with the EPA.

The VERP Memorandum of Agreement (MOA) between EPA and KY DEP was signed by KY DEP Commissioner Bruce Scott and EPA Region 4 Administrator Gwen Keyes Fleming in late December. The MOA clarifies roles between EPA and DEP for contaminated properties being addressed under Kentucky's environmental cleanup statutes and helps promote redevelopment of these properties. In general, and consistent with the Brownfields Law, EPA will not take a Comprehensive Environmental Response, Comprehensive, and Liability Act (CERCLA, or Superfund) §106 enforcement action against parties addressing sites in compliance with the VERP. The MOA also sets forth a process for coordination and communication regarding program activities covered by the MOA.

Moreover, this agreement clarifies the working relationship that has developed between KY DEP's Brownfields program and the EPA Region 4 Brownfields program. The KY DEP Brownfields program has been very progressive and productive, as they conduct a great deal of outreach and training to their communities, as well as a large amount of Brownfields assessment work using their 128(a) State Response Program grant funding.

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