The value of securing No Further Remediation (NFR) Letters in Illinois

Deciding how to address an environmentally challenged property can seem daunting without the proper support. But finding environmental consultants to guide you through the process can help make the process smoother – and ensure you're doing your due diligence in protecting people and the environment.

In Illinois, proof that you have complied with environmental regulatory requirements takes the shape of a No Further Remediation (NFR) letter, issued by the Illinois Environmental Protection Agency (EPA) Bureau of Land. Environmental consultants like Fehr Graham can guide you through the reporting, sampling and remediation process, but the Bureau of Land is the only entity authorized to issue these letters.

What is an NFR – and why it matters

An NFR letter is an official document that states that a site has met all applicable environmental cleanup standards and regulatory requirements. In other words, it's the state's written approval that no further remediation is necessary under documented conditions.

In some cases, minimal sampling might be sufficient to demonstrate that objectives are met. For sites with contamination, significant Environmental Site Assessment (ESA) activities and/or soil and groundwater remediation may be needed.

NFR letters are strongly recommended to demonstrate that environmental concerns have been responsibly addressed. For anyone looking to sell, refinance or redevelop the property, this letter reassures prospective buyers and lenders that no unexpected cleanup costs or regulatory delays will arise later.

Getting started: Choosing the right program

To qualify for an NFR letter, your project must fall under one of the Illinois EPA cleanup programs. These are:

• Leaking Underground Storage Tank (LUST) Program – Addresses petroleum contamination from LUSTs that can pose serious health and safety risks. Some work completed on LUST projects may be reimbursed through the state's LUST fund. Fehr Graham can help you determine your site's eligibility.
• Site Remediation Program – Provides technical review and oversight to prepare sites, such as brownfields, dry cleaners and other redevelopment projects, for safe reuse.
• Resource Conservation and Recovery Act – Focuses on hazardous waste management, ensuring that disposal and treatment practices protect human health and the environment.

Securing your NFR letter

Each program has specific technical and regulatory requirements, so selecting the right program is crucial. Experienced environmental consultants help determine if your site meets the applicable standards and regulatory requirements and ensures that your documentation is complete and defensible.

Once you secure the NFR letter, it's important to file it with the county recorder's office to be listed with the deed of the property. This step memorializes the NFR, notifying future property owners of the completed work and any required continuing obligations (i.e. engineered barriers, construction worker notifications and land use restrictions). The NFR letter is not considered valid until this step has been taken.

NFR letters can be voided if future activities violate land-use restrictions, new contamination is discovered, or required maintenance is neglected. 

Partnering for success 

Navigating the path to an NFR designation can be complex. At Fehr Graham, our environmental experts are here to guide you every step of the way, from identifying the right program and executing any necessary plan to helping you secure your NFR letter.

With the right support, you can move forward confidently, knowing your property's environmental risks are addressed.