(a) For facilities identified in Section 4(a) of this Chapter: - (i) For all releases of contaminants that occur after January 1, 2011, in order for the facility to be considered for participation in the VRP, it must be demonstrated in accordance with Section 6(b) of this Chapter that at the time of the release, the facility was implementing a written P2 Plan which meets the requirements of Section 6(c), (d) and (e) of this Chapter.
- (ii) For releases of contaminants that occurred after March 10, 2000, but before January 1, 2011, and for which application to the VRP is made after January 1, 2011, in order for the facility to be considered for participation in the VRP it must be demonstrated in accordance with Section 6(b) of this Chapter that at the time of VRP application, the facility is implementing a written P2 Plan which meets the requirements of Section 6(c), (d) and (e) of this Chapter.
- (iii) For releases of contaminants where the date of the release is unknown and for which application to the VRP is made after January 1, 2011, the following shall be met in order to be considered for participation in the VRP:
- (A) The Administrator must accept as relevant and legitimate the written documentation provided by the applicant describing why the date of the release is unknown (e.g., the applicant has/had no way of knowing the date of release because it occurred under prior ownership); and
- (B) It must be demonstrated in accordance with Section 6 of this Chapter that at the time of VRP application, the facility is in compliance with the written P2 Plan requirements described in Section 6(c) of this Chapter.
(b) For facilities identified in Section 4(b): - (i) For all releases of contaminants that occur after January 1, 2011, to be considered for participation in the VRP it must be demonstrated in accordance with Section 7(b) of this Chapter that at the time of the release, the facility was in compliance with the alternative minimum pollution prevention operating standards described in Section 7(c) of this Chapter.
- (ii) For releases of contaminants that occurred after March 10, 2000, but before January 1, 2011, and for which application to the VRP is made after January 1, 2011, in order for the facility to be considered for participation in the VRP it must be demonstrated in accordance with Section 7(b) of this Chapter, that at the time of VRP application, the facility is in compliance with the alternative minimum pollution prevention operating standards described in Section 7(c) of this Chapter.
- (iii) For releases of contaminants where the date of the release is unknown and for which application to the VRP is made after January 1, 2011, the following shall be met in order to be considered for participation on the VRP:
- (A) The Administrator must accept as relevant and legitimate the written documentation provided by the applicant describing why the date of the release is unknown (e.g., the applicant has/had no way of knowing the date of release because it occurred under prior ownership); and
- (B) It must be demonstrated in accordance with Section 7(b) of this Chapter that at the time of VRP application, the facility is in compliance with the alternative minimum pollution prevention operating standards described in Section 7(c) of this Chapter.
(c) This Chapter does not require written P2 Plans or implementation of alternative minimum pollution prevention operating standards as a condition of eligibility for participation in the VRP when application to the VRP was submitted before January 1, 2011 or when the release occurred prior to March 10, 2000.
Date of Contaminant Release, Date of Application for the VRP and P2 Plan Requirements for VRP Eligibility
| Types of Sites | Date of contaminant release | VRP application date | P2 standards | P2 Plan implementation requirements | When the Volunteer must be implementing the P2 Plan |
| All Sites | Before Jan. 1, 2011 | Before Jan. 1, 2011 | None | None | None |
| All Sites | Before March 10, 2000 | At any time | None | None | None |
| Facilities Identified in Section 4(a) | After Jan. 1, 2011 | After Jan. 1, 2011 | Section 6 | Section 5(a)(i) | At the time of the release |
| After March 10, 2000 but before Jan. 1, 2011 | After Jan. 1, 2011 | Section 6 | Section 5(a)(ii) | At the time of VRP application |
| Unknown | After Jan. 1, 2011 | Section 6 | Section 5(a) (iii) | At the time of VRP application |
| Facilities Identified in Section 4(b) | After Jan. 1, 2011 | After Jan. 1, 2011 | Section 7 | Section 5(b)(i) | At the time of the release |
| After March 10, 2000 but before Jan. 1, 2011 | After Jan. 1, 2011 | Section 7 | Section 5(b)(ii) | At the time of VRP application |
| Unknown | After Jan. 1, 2011 | Section 7 | Section 5(b) (iii) | At the time of VRP application |