Discussions > Regulations

California - Proposed New Stormwater Runoff Rules

Mon, 26 Dec 2011 23:12:27 +0000

Content

Attached pdf = general article from the Sacramento Bee dated 12-26-11, related article re: sewer discharges, and CA DOT Report from 2003 = Review of Contaminants and Toxicity Associated with Particles in Stormwater Runoff.

File

Stormwater - December 26, 2011.pdf (3.7MB)

What do you think about the ASTM E2790 Continuing Obligations Standard? (3 Comments)

Wed, 21 Sep 2011 22:15:23 +0000

Topic by Lauren617

I'm curious how Phase I ESA professionals --and their clients-- are responding to the new ASTM E2790 Continuing Obligations standard. Has anyone used it? Are any end users asking about it?

It was a long and contentious process to get the standard completed. Where do you see room for improvement? What questions do you have about the standard?

If you want to learn more about the standard, make sure you register for our free web event, ASTM's New Continuing Obligations Standard: What it Means For You, taking place October 6th.

New USEPA Policy on Evaluating Institutional Controls in Five Year Reviews (3 Comments)

Fri, 23 Sep 2011 21:55:32 +0000

Topic by Bob Wenzlau

The USEPA released on September 13, 2011 new guidance titled “Recommended Evaluation of Institutional Controls: Supplement to the Comprehensive Five Year Review Guidance” providing recommendations for the monitoring and inspection of ICs. The new USEPA guidance recommends that “ICs be mentioned specifically in the overall protectiveness statement when long-term protectiveness hinges on compliance with ICs.” The EPA guidance directly addresses the five year review process on Superfund sites, but in doing so it also adds a new ingredient in defining best practice for maintaining the integrity and effectiveness and assuring compliance with ICs. EPA’s transmittal letter explains:

"This guidance supplements OSWER’s 2001 Comprehensive Five-Year Review guidance and provides recommendations for conducting five -year reviews for the IC component of remedies in a manner similar to the review of engineering or other remedy components."

The guidance solves a problem in the five-year review process when Superfund remedies are evaluated for their protectiveness. Prior to the guidance, there were no developed methods to evaluate how institutional controls performed. The new guidance ratchets the effectiveness of ICs at Superfund sites, and likely will inform state and private practice. The guidance will also become procedurally important in Continuing Obligations. All in all institutional compliance is ratcheting up.

I hope as you review, you find like I did that this is a step forward in increasing the ability to rely upon ICs in remedies.

See link at: http://shortlinks.terradex.com/IC_Policy

Redux: Rewable Clean Energy = Out with Brownfields in w/Clean Tech

Thu, 09 Jun 2011 16:22:44 +0000

Topic by EdG

June 7, 2011 - CT passes legislatures passed S.B. 1243 establishing the Dept of Energy; which is now combined with the CT DEP.

Under the Dept of Energy and DEP - grant money is now available (akin to brownfield grants) for entrepreneurs to bridge the gap ("bridge financing") for venture capitalists and equity investors to get new companies growing and creating jobs. As a side-note - I would include 'clean tech' as a subset of high tech and part of renewable energy. (see previous blog entitled, Renewable Energy & Insurance Growth Opportunities). I would also refer to Mike Kulka's blog on Detroit's recovery - referencing laser companies, etc. - as evidence that high tech and innovative technologies are going to assist in the recovery.

According to Rob Day of Black Coral Capital speaking at today's New England Clean Energy Council, "Financing Innovative Clean Technologies" indicated that 10-15% of venture capital (one of the largest % of VC) is being put into clean tech. "Venture Capital Firms continue pouring money into Clean Tech." $1Billion invested in 1Q of 2011.

Of course with clean tech (high tech / renewable energy) - comes the need for environmental expertise, capital and ... you guessed it - Insurance. Professionals with experiene in these fields should do well to big to focus on offering your professional services.

"Environmentalism Under Fire:" EPA's Rulings Will They Kill Jobs... (1 Comment)

Mon, 06 Jun 2011 15:28:55 +0000

Topic by EdG

The Economist, 6/3/11, "Environmentalism Under Fire Soaring Emissions".

No doubt this topic is highly charged and one worth discussing. There have been several EPA / legislatively charged topics lately. Not the least was a recent push back for state's rights over the federal EPA.

Definitely a good summary to the topics at hand at the end of this article:

"In short, both the Democrats and the Republicans think they have found a winning theme in the other party's environmental policies. Any they may both, in fact, be right. Most polling suggests that the environment is not a critical issue in the eyes of many voters. But talking about it is a great way to fire up activists and donors on both sides."

1-4 Dioxane "Latest" Hot Contaminant (6 Comments)

Wed, 18 May 2011 20:46:46 +0000

Topic by EdG

Attended the NH DES Conference on Waste Management and the hot contaminant topic was Dioxane. I found out that it's highly soluble, comes from numerous sources - landfills, chlorinated solvents, used since the 1950s and is a byproduct of ethoxylation (?) - stemming from detergents, shampoos and cosmetics.

3 ug/l standard as of now.

Other Major Topics - to be blogged about (time permitting):

1. NH DES cutting budget and job positions (MA DEP and MA gov't pay attention! we are in a recession!), decrease in staff, Federal funding of Brownfields;

2. VI - requiring 3 subslab soil/gas samples - 1 in center; if unobtainable - then samples must go deeper - but use every effort to get subslab;

3. DES one-stop! Great resource!;

4. 3 contaminants updated: (i) Trans 1,2 DCE added, (ii) 1, 3, 5 TMB deleted, (iii) Ethylbenzen - dropped levels.

more to follow (hopefully).

Resolving Lead in Groundwater Due to Turbidity (8 Comments)

Wed, 25 May 2011 13:50:17 +0000

Topic by Ken

We have a site (in NJ), with low levels of lead in groundwater but which exceed the applicable standard. Filtered samples (not admissable for compliance) do not have similar concentrations of lead, indicating the metal is likely due to turbidity/colloids and are not actually dissolved in groundwater.

Typically we resolve these situations with a variety of sampling/well installation techniques designed to reduce turbidity, however, recent rule changes in NJ allow the use of professional judgement or relevant guidance from EPA or other states.So I am asking for input from non-NJ consultants - how does your state address the metals in groundwater/turbidity issue and the use of filtered samples to acheive compliance.

Your feedback and regulatory citations are appreciated!

EPA: General Contractor Liable for Subs Work

Tue, 10 May 2011 18:12:08 +0000

Topic by EdG

Hingham Harbor, MA (May 6). EPA fines Burham Associates (general contractor) $105k for subcontractor's work under the "Ocean Dumping Act." Burnham Associates was facing fines of $3.4MM.

The project was to dredge the Hingham Harbor and dump the uncontaminated sand about 18 miles out to sea from the Boston Harbor. The sub apparently missed its target (2 mile wide) on 50 occasions.

Legal Liability - clearly the EPA can choose to hold anyone they want liable. Hence the contractor, who arguably has no culpability, was held liable for the 'sins' of his subcontractor. Additionally, and as important, is the fact that this DID NOT involve contamination (i.e. strict liability) but simply involved improper dumping of sand in the ocean (a violation of the Ocean Dumping Act).

Risk Management/Legal/Insurance

Lessons learned: When working with a subcontractor you need to clearly write into the work contract that the subcontractor will indemnify, hold you harmless and add you to their insurance policy(ies). You need of course qualify the subcontractor (financial strength, reputation, experience, loss history) and then make sure you look to see if their insurance will adequately provide the limits and coverage you need for the project you are working on.

The contract should be sure to address every possible contingent liability including FINES & PENALTIES. Fines and penalties are insurable where allowable by law and when included in the coverage. That is another point where an insurance and legal professional can assist in evaluating the value of the subcontractor's policy and the laws of the particular state.

Then... you also need to have your qualified professional research the laws of 'indemnity and hold harmless' agreements. Each state has a different approach to such agreements, how they are interpreted and what specific language is needed to effectuate a transfer of liability.

Depending upon the type of liability (and/or wording of the contract), some states will preclude such transfer of liability by way of contract. Similar to their stance on 'fines & penalties' this stems from 'public policy' - wherein a governmental authority does not want to allow a party to force transfer certain liabilities onto another party due to their bargaining position. That policy is weighed against the broader policy of 'laissez faire' - where the government permits private companies to contract as they please.

As you can see - it can get quite complex....

Oil Spill Coverage Required in Homeowner's Insurance (6 Comments)

Tue, 26 Apr 2011 19:52:34 +0000

Topic by EdG

Content

Chapter 453 of the Acts of 2008 requires that every insurance carrier in MA offer homeowner's insurance coverage to include remediation, assessment, property damage, third party claims and defense costs for releases of oil from oil tanks, fuel lines, pipes, equipment, or systems connected to the fuel tank.

$50,000 per occurrence for on-site (first party costs) and $200,000 for third party claims is the mandatory offering.

Why is this important?

First, over 300 residential fuel oil spills are reported annually to the MassDEP. When groundwater is involved costs can average $250,000 or more. That amount can be catastrophic to the average homeowner.

Second, lenders that foreclose on properties can use the policy to pay for unwanted cleanups - See Larry Schnapf's post on Southbridge Savings Bank incurring $4,000 by foreclosing on residential home with oil leakage.

File

Environmental Risk in Residential Properties published in RMA Journal.pdf (500KB)

Homeowner's Heating Oil Upgrade Regulation

Fri, 29 Apr 2011 18:27:28 +0000

Topic by EdG

Content

MA homeowner's are required by the DEP to have a safety valve or oil supply line with protective sleeve on heating oil systems that currently do not have them by September 30, 2011.

File

oilfs11.pdf (124KB)