Ohio Voluntary Action Program (VAP) - Complete Overview

What Is the Ohio VAP?

The Voluntary Action Program (VAP) is Ohio’s primary mechanism for cleaning up contaminated properties and obtaining a legal release of liability from the state. Established in 1994 under ORC 3746 and governed by OAC Chapter 3745-300, the program allows property owners, developers, and other “volunteers” to investigate and remediate environmental contamination through a private-sector process overseen by Ohio EPA-certified professionals - not by Ohio EPA directly.

The key outcome of a successful VAP cleanup is a Covenant Not to Sue (CNS) from the Director of Ohio EPA, which protects current and future property owners from state liability for further investigation and cleanup at the property.

The VAP rules were most recently updated effective February 16, 2025. The generic numerical standards (in the CIDARS database) were updated concurrently.

Why the VAP Exists

Before the VAP, contaminated properties in Ohio often sat idle. The fear of open-ended cleanup liability deterred developers, banks, and buyers from touching properties with known or suspected contamination. The VAP was created to break that cycle by providing a defined process with clear standards, a predictable endpoint (the NFA letter), and a legal release (the CNS) that provides certainty to all parties.

The VAP is entirely voluntary - no one is required to enter the program. But for property transactions involving contaminated sites, the VAP is often the most practical path to resolving environmental liability in Ohio.

How the Process Works

Step 1: Hire a Certified Professional (CP)

The entire VAP process is managed by a Certified Professional (CP) - an environmental consultant who has been certified by Ohio EPA as qualified to oversee VAP cleanups. CPs are engineers or scientists with specific education, experience, and continuing education requirements. Ohio EPA maintains a certification program and recertifies CPs annually.

The CP performs or oversees all investigatory and remedial work, determines whether the property meets VAP standards, and prepares the NFA letter. Unlike most state cleanup programs, the CP does this work without ongoing Ohio EPA review - the agency only gets involved when the NFA is submitted for review and a CNS is requested.

This private-sector model is one of the VAP’s key features. It speeds up the process significantly compared to state-directed cleanups but puts the burden of getting it right on the CP.

Step 2: Phase I Property Assessment

The CP conducts a Phase I property assessment under the VAP rules (OAC 3745-300-06). This is similar to an ASTM E1527-21 Phase I ESA but follows VAP-specific requirements and terminology. The Phase I identifies:

Recognized Environmental Conditions (RECs) - current or historical conditions that have the potential to cause contamination (e.g., former USTs, chemical storage areas, industrial operations)
Identified Areas (IAs) - areas on the property that have the potential to be affected, or to have been affected, by current or former RECs
Whether a Phase II assessment is needed to evaluate the IAs

The REC/IA distinction is important to understand: RECs are the potential sources of contamination, IAs are the areas that may be impacted by those sources. The Phase II sampling program is then designed to evaluate the IAs.

If the Phase I determines there is no reason to suspect a release of hazardous substances or petroleum, the CP can proceed to the NFA without a Phase II.

Step 3: Phase II Property Assessment (If Needed)

If the Phase I identifies potential contamination, the CP conducts a Phase II assessment (OAC 3745-300-07). This involves collecting environmental samples - soil, groundwater, surface water, and/or sediment - and comparing results to the applicable VAP generic numerical standards.

The Phase II must evaluate all potential contaminants identified in the Phase I across all relevant media and exposure pathways. This is where the CIDARS standards tables come in - every analytical result gets compared to the appropriate standard for the site’s land use classification and groundwater use determination.

Step 4: Remediation (If Needed)

If Phase II results exceed VAP standards, the volunteer has several options:

Remediate to generic standards - excavate soil, treat groundwater, or otherwise reduce contaminant concentrations to below the applicable generic numerical standards
Develop property-specific standards - conduct a property-specific risk assessment (PSRA) under OAC 3745-300-09 to derive site-specific cleanup levels that may be less restrictive than generic standards
Apply use restrictions - implement institutional controls (land-use restrictions, activity restrictions) and/or engineering controls (caps, barriers) to limit exposure, combined with an environmental covenant recorded on the deed
Combination approach - remediate some contaminants to generic standards while using use restrictions for others

Step 5: No Further Action (NFA) Letter

When the CP determines the property meets VAP standards (after any necessary remediation), the CP prepares the NFA letter. Despite the name, this is not a simple letter - it’s a comprehensive document that includes:

The complete Phase I assessment
The Phase II assessment (if conducted)
All analytical data and comparison to applicable standards
Description of any remedial actions taken
Risk management plan (if use restrictions are applied)
Operation and maintenance plan (if ongoing controls are required)
Environmental covenant (if applicable)

The NFA certifies that the property meets VAP cleanup standards and is protective of human health and the environment.

Step 6: Covenant Not to Sue (CNS)

If the volunteer wants a legal release from the state, the NFA is submitted to Ohio EPA for review. Ohio EPA reviews the NFA, may conduct an audit (at least 25% of NFAs are audited annually), and if satisfied, the Director issues a Covenant Not to Sue.

The CNS is recorded in the county recorder’s office and transfers with the property title. It protects current and future owners from state cleanup liability - as long as any use restrictions and O&M requirements continue to be met.

Important limitation: The CNS is a release from state liability only. It does not provide protection from federal (U.S. EPA) enforcement under CERCLA. For volunteers who want some level of federal protection, the VAP offers the MOA Track (Memorandum of Agreement), which involves additional upfront Ohio EPA oversight, public involvement, and U.S. EPA comfort language. The MOA track takes longer and costs more, which is why relatively few sites have used it.

VAP Standards - What Numbers Apply?

The VAP generic numerical standards are published in OAC 3745-300-08 and the accompanying CIDARS database. Standards exist for multiple media and exposure pathways:

Soil - Direct Contact

Standards for human exposure to contaminated soil through ingestion, dermal absorption, and inhalation of particulates. Standards vary by land use:

Residential - most restrictive, assumes long-term residential exposure including children
Commercial with child exposure - commercial sites where children are regularly present (e.g., daycares, schools)
Commercial/Industrial - assumes adult worker exposure
Construction worker - short-term exposure during earthwork

Detailed standards tables:

Note: Ohio VAP does not have generic soil standards for TPH. BUSTR TPH action levels are typically used for petroleum sites.

Soil - Leaching to Groundwater

In addition to direct-contact standards, the VAP evaluates whether soil contamination can leach into groundwater at concentrations that would exceed groundwater standards. This is the Leach-Based Soil Value (LBSV) pathway, governed by OAC 3745-300-10 (the VAP Ground Water Rule) and OAC 3745-300-09 (the Risk Assessment Rule).

The LBSV is often the most restrictive soil standard at a site - significantly more restrictive than direct contact - particularly for soluble contaminants like chlorinated solvents, BTEX, and some metals. A site can pass direct-contact soil standards comfortably and still fail on leaching. Benzene is a prime example: the residential direct-contact GDCSS is 28 mg/kg, but the LBSV for Soil Type I (clean sand and gravel) is 0.017 mg/kg - over three orders of magnitude lower.

Ohio EPA published generic LBSVs in the Derived Leach-Based Soil Values Technical Guidance Document (October 2008, Revision 3). For organic chemicals, LBSVs were modeled using RISKPRO SESOIL and vary by three vadose zone soil types defined by hydraulic conductivity:

Soil Type I - clean sand and gravel (Kv: 10⁻³ to 10⁻⁴ cm/s, recharge ~8-14 in/yr). Glacial outwash, buried valley aquifers, beach ridges.
Soil Type II - silty sand (Kv: 10⁻⁴ to 10⁻⁵ cm/s, recharge ~4-8 in/yr). Interbedded sand/gravel with silts/clays, end moraine deposits.
Soil Type III - till/clay (Kv: <10⁻⁵ cm/s, recharge <4 in/yr). Glacial till, lacustrine sediments, flood plain deposits.

The generic organic LBSVs assume a dilution factor of 1.0 (no dilution). Optional dilution factors can be applied based on aquifer hydraulic conductivity and source area size, or a CP can derive property-specific dilution factors using the Summers model.

For inorganic chemicals (metals), LBSVs were calculated using the EPA soil/water partitioning equation and assume a dilution-attenuation factor of 10 (source area ≥½ acre) or 20 (source area <½ acre). These values also have applicability requirements: soil pH between 5 and 9, and ≥10% fines.

Important limitations: The generic LBSVs cannot be applied when depth to groundwater is less than 5 feet, when Kv exceeds 10⁻³ cm/s, or when thin soils overlie consolidated bedrock. In those cases, property-specific fate and transport modeling is required.

Note: The current LBSV guidance document dates to October 2008 (Revision 3). The underlying UPUS values used to back-calculate LBSVs may have changed with the February 2025 CIDARS update. CPs should verify that the LBSVs they apply are consistent with current UPUS values, or derive property-specific leach-based values using the models referenced in OAC 3745-300-09. We are working to verify the current status of these values and will publish LBSV tables once confirmed.

Vapor Intrusion (Indoor Air)

Standards for VOCs that can volatilize from contaminated soil or groundwater and migrate into indoor air through building foundations. This pathway often produces the most restrictive cleanup standards for VOCs. Unlike soil and groundwater standards, vapor intrusion screening levels are typically generated using the EPA’s VISL calculator based on site-specific or default exposure parameters - not a fixed table of numbers.

Ohio Vapor Intrusion Evaluation Guide

Groundwater Standards and Use Classifications

The VAP establishes groundwater standards under three use classifications, each progressively less restrictive. Which classification applies at your site depends on the groundwater use determination made during the Phase II assessment under OAC 3745-300-07.

Unrestricted Potable Use Standards (UPUS) - The default and most restrictive classification. Assumes groundwater is or could be used as a drinking water source with no treatment. The UPUS is the lower of the risk-based groundwater concentration and the Safe Drinking Water Act MCL. This is what applies unless you demonstrate otherwise.

Restricted Potable Use Standards (RPUS) - Applies when groundwater is potable but the volunteer implements a use restriction (environmental covenant) that limits how the groundwater can be used. The RPUS equals the risk-based groundwater value, which may be higher or lower than the MCL depending on the contaminant. For contaminants where the MCL drives the UPUS (most metals, many VOCs), the risk-based value is sometimes less restrictive - but not always. For arsenic, the risk-based value (0.5 µg/L) is actually more restrictive than the MCL (10 µg/L), so RPUS provides no benefit.

Restricted Non-Potable Use Standards (RNPUS) - The least restrictive classification. Applies when groundwater is determined to be non-potable, meaning the drinking water pathway is incomplete. The RNPUS removes the ingestion pathway entirely and only considers vapor intrusion and ecological exposure. RNPUS values are significantly higher than UPUS for most contaminants.

Groundwater can be classified as non-potable under OAC 3745-300-07 if any of the following apply:

Low yield - the aquifer produces less than 3 gallons per minute (sustained)
High TDS - total dissolved solids exceed 3,000 mg/L (naturally, not from contamination)
Urban Setting Designation (USD) - the property is located within an area designated by Ohio EPA where public water supply is available and groundwater use is unlikely
Other qualifying conditions - including documented absence of water wells within a specified radius, hydrogeologic barriers, or institutional controls that prevent groundwater use

Getting a non-potable determination - especially through a USD - can be the single most impactful decision at a VAP site. It can drop groundwater cleanup targets by orders of magnitude and eliminate the need for expensive groundwater remediation. But the documentation requirements are specific, and Ohio EPA reviews USD applications carefully.

Detailed groundwater standards tables (all showing UPUS values):

VAP vs. Other Ohio Cleanup Programs

The VAP is not the only way to address contaminated properties in Ohio. Understanding when the VAP is the right tool - and when it’s not - is important.

VAP vs. BUSTR

BUSTR (Bureau of Underground Storage Tank Regulations) has its own corrective action program under OAC 1301:7-9-13 for petroleum releases from regulated underground storage tanks. BUSTR has its own set of action levels that are different from VAP standards - they are derived using different assumptions and apply specifically to petroleum UST sites.

A property with a petroleum release can be addressed under either BUSTR or the VAP, but not both simultaneously for the same release. BUSTR is typically less expensive for straightforward petroleum cleanups because the process is more streamlined. The VAP provides a broader liability release (the CNS) that BUSTR does not offer.

See our BUSTR pages for details:

VAP vs. DERR-Directed Cleanup

Ohio EPA’s Division of Environmental Response and Revitalization (DERR) can direct cleanups at sites under state authority. DERR-directed cleanups involve direct agency oversight, approved work plans, and agency review at each stage. This process is slower but provides a different type of regulatory certainty. Some sites - particularly those with complex contamination, federal involvement, or enforcement actions - may not be eligible for the VAP.

VAP vs. BFPP Defense

Since September 2020, Ohio has recognized the federal Bona Fide Prospective Purchaser (BFPP) defense at the state level (via House Bill 168). The BFPP provides liability protection to purchasers who acquire contaminated property after conducting appropriate due diligence (typically an ASTM Phase I ESA), provided they did not cause or contribute to the contamination. The BFPP is less comprehensive than a VAP CNS but is significantly cheaper and faster - no remediation is required to qualify.

Costs and Timeline

Every VAP project is different, and costs vary significantly based on property size, contamination complexity, and the scope of remediation required. Rather than quoting specific dollar figures that may not reflect your market, here’s how the cost components typically scale relative to each other:

Phase I assessment is the least expensive component and is generally comparable in cost to a standard ASTM Phase I ESA. The scope is similar, though VAP-specific requirements may add some additional effort.

Phase II assessment costs vary widely depending on the number of sample locations, the analytical program (VOCs only vs. full suite including metals, SVOCs, and PFAS), and site complexity. A simple 4-boring investigation at a small commercial property is a fraction of the cost of a comprehensive multi-media assessment with dozens of monitoring wells at a large industrial site.

Remediation is the most variable cost component. A straightforward soil excavation at a small petroleum site is manageable. A multi-year groundwater treatment system at a chlorinated solvent site can be orders of magnitude more expensive. The choice between remediating to generic standards vs. developing property-specific standards through a PSRA can also significantly affect costs.

NFA preparation and Ohio EPA review adds cost at the end of the process. The NFA itself is a substantial document requiring significant professional effort. Ohio EPA charges review fees on a published fee schedule.

Total timeline: 6 months to several years, depending on complexity and whether remediation is needed. Simple sites with no contamination can move through Phase I and NFA relatively quickly. Sites requiring remediation and monitoring can take years.

The VAP is not a cheap or fast process. For sites with limited contamination and simple conditions, the BFPP defense may be a more cost-effective path. For sites with significant contamination where a full liability release is needed, the VAP remains the standard tool.

Key Contacts and Resources

Ohio EPA VAP Program Page - Program information, forms, CP directory
CIDARS Database - Generic numerical standards (under “Risk Assessment” tab)
OAC 3745-300 - Full program rules
VAP NFA Summary List - All NFAs submitted and their status
Ohio EPA VAP staff: 614-644-2924