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New MOU Between EPA And Kentucky

Grayson_Lynn_COLORBy E. Lynn Grayson


EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups in Kentucky. The MOU is intended to help property owners, developers, consultants, public officials and the general public understand the roles and responsibilities of the EPA and the KYDEP. This includes an improved understanding of the potential utilization of the KYDEP Voluntary Environmental Remediation Program (VERP) to access and address contamination.

Kentucky is the 25th state nationally, and the second within Region 4, to have a voluntary cleanup program agreement with the EPA.

With this MOA, Kentucky and Region 4 want to ensure that the cleanup goals of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are met following timely investigation of brownfield sites. EPA will not take CERCLA Section 106 enforcement actions against parties that address pollution at brownfield sites in compliance with the KYDEP VERP.

MOUs of this nature ensure some consistency in understanding how EPA will interact in cleanup matters led by state environmental authorities and provide greater certainty as to the anticipated roles and responsibilities of federal and state officials.