Contaminated Sites and Long-Term Stewardship: Meeting Obligations for Residual Contamination
Best Practices for Counsel in Implementing, Maintaining, and Enforcing LTS
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Environmental
- event Date
Tuesday, April 18, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will provide guidance for environmental counsel representing companies planning, implementing, maintaining, and enforcing long-term stewardships (LTS) at contaminated sites to minimize legal risks.
Mr. Gillay heads the Brownfields and Environmental Transactional Practice Groups and provides environmental counseling in connection with assessing environmentally challenged properties. Over the last decade, David has focused on the legal, regulatory, and technical impact and implications related to the vapor intrusion pathway. He also represents an influential multi-state environmental consultants’ association and works closely with leading technical experts on a wide array of environmental matters, including rapidly evolving vapor intrusion guidance. Prior to joining Barnes & Thornburg, he obtained an advanced environmental engineering degree and practiced as an environmental consultant on various projects across the country.
Mr. Hoylman has worked on more than 150 vapor intrusion projects over the past 9 years, focusing on VI mitigation and long-term risk management. He currently serves on the EPA VI Science Advisory Committee, as well as chairs the standards management committee working to develop the national VI mitigation contractor credential and ANSI VI mitigation standards. He also serves on the board of the American Association of Radon Scientists and Technologists and is involved with ongoing research projects regarding the economic impact of radon-induced cancer and the effectiveness of national lending guidance on multifamily radon assessments.
Dr. Schuver led the development of a technical document on ‘Radon Lessons’ based on the scientific observations from decades of Radon intrusion studies. He authored the national RCRA Corrective Action Environmental Indicator guidance for both Groundwater Migration and for Human Exposures. He also led the development of the 2001 Supplemental Guidance for Vapor Intrusion for RCRA EI Determinations which raised the awareness of VI exposures nationally and led to the development of the 2002 OSWER (RCRA & Superfund) draft VI guidance.
Potential LTS obligations often flow from residual contamination. These obligations frequently center on the vapor intrusion (VI) pathway. VI is the migration of vapor-forming chemicals from any subsurface source into an overlying building. This evolving inhalation "pathway" presents significant challenges and complicates environmental remediation for Brownfield development projects, real estate transactions, and management of commercial/industrial real estate portfolios.
The U.S. EPA's national Institutional Control (IC) Policy provides important guidance for investigation and remediation, and ultimately closing, contaminated sites. The IC Policy outlines an approach to help meet potential LTS obligations for managing residual risk and achieve site closure.
LTS is an increasing part of cleanup programs to get contaminated properties ready for beneficial reuse. Ongoing monitoring and maintenance (especially for the VI pathway) are needed to ensure continued protection of human health and the environment. Environmental counsel to companies must understand the legal risks from the contaminated sites, when and how to implement LTS, what needs to be done to ensure LTS obligations are met, and the new LTS tools and technologies available to tailor a site-specific approach.
Listen as our panel of experts examines LTS and what that includes from a monitoring plan to reporting requirements. The panel will discuss the viability of remedies and management of ongoing and future risks at contaminated sites and change of ownership issues arising when contaminated property exchanges hands. The panel will offer best practices for implementing, maintaining, and enforcing an LTS plan.
- LTS
- Threshold criteria
- Controls
- Monitoring plan
- Recording keeping, reporting requirements
- Mitigation remedies
- Management of ongoing risks
- Change of ownership and other key considerations
The panel will review these and other key questions:
- What factors should counsel consider when determining which LTS tools are to be implemented?
- What steps can counsel recommend to ensure LTS measures are effective and meet current compliance requirements?
- What framework does the EPA guidance provide to ensure the requirements for implementing LTS are met?
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