vapor intrusion regulatory perspective...ti rc pubshiles v i guidance astm standard e1527-05...

Jere “Trey” Hess, Director Brownfields & Economic Development

PPM Consultants, Inc. October 2017

VAPOR INTRUSION REGULATORY PERSPECTIVE

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WHAT’S WRONG WITH THIS PARAGRAPH?

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POP QUIZ

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1.0.1 PURPOSE • The purpose of the Phase I ESA is to determine, to the extent

feasible, recognized environmental conditions associated with the property being investigated. The site assessment was performed in accordance with the “Standard Practices for a Phase I ESA Environmental Assessment Process, American Society for Testing and Materials E1527-97” and with the intent of complying with commonly accepted practices necessary to conduct “all pertinent inquiry into the previous ownership and uses of the property” under CERCLA/SARA (42 USC 9601) (35) (B).

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1.0.1 PURPOSE • The purpose of the Phase I ESA is to determine, to the extent

feasible, recognized environmental conditions associated with the property being investigated. The site assessment was performed in accordance with the “Standard Practices for a Phase I ESA Environmental Assessment Process, American Society for Testing and Materials E1527-97” and with the intent of complying with commonly accepted practices necessary to conduct “all pertinent inquiry into the previous ownership and uses of the property” under CERCLA/SARA (42 USC 9601) (35) (B).

• A Phase I ESA with this language was submitted to MDEQ for review on January 25, 2016


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1.0.1 PURPOSE • The purpose of the Phase I ESA is to determine, to the extent feasible,

recognized environmental conditions associated with the property being investigated. The site assessment was performed in accordance with the “Standard Practices for a Phase I ESA Environmental Assessment Process, American Society for Testing and Materials E1527-97” and with the intent of complying with commonly accepted practices necessary to conduct “all pertinent inquiry into the previous ownership and uses of the property” under CERCLA/SARA (42 USC 9601) (35) (B).

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http://www.epa.gov/brownfields/aai/ep_deffactsheet.pdf

QUALIFIED ENVIRONMENTAL PROFESSIONALS

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• Licensed Professional Engineer – Chemical/Air background (Henry’s Law Constant, etc.) – Mechanical background (HVAC, remedial design, etc.) – Biological background (ecological impacts, risk assessment) – Geotechnical background (fate/transport, permeability)

• Registered Professional Geologist – Hydrogeologic (fate/transport in groundwater) – Geologic (fractures, weathering, etc.)

• Toxicology – Human Health Effects (Health & Safety, impacts on target organs,

cancer, etc.) – Ecological Effects (fish tissue analysis, etc.) – Public outreach

QUALIFIED ENVIRONMENTAL PROFESSIONALS: VI CONSIDERATIONS

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1997 2000

ASTM Standard E1527-00 (Updated)

ASTM Standard E1527-97 for

Phase I Environmental

Site Assessments

EPA Publishes draft Vapor Intrusion

Guidance

Brownfield Revitalization

and Environmental

Restoration Act (“AAI”)

ITRC Publishes VI Guidance

ASTM Standard E1527-05

conforms to AAI Standard

2001 2002 2005 2007

REGULATORY TIMELINE

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2008 2009

EPA OIG is concerned about

lack of final VI Guidance

ASTM Standard E2600-08 – Standard Practice for Assessment of Vapor

Intrusion Into Structures on Property Involved in Real Estate Transactions

ASTM Standard E2600-10 (Updated)

EPA commits to release final

guidance by end of 2012

EPA OSWER and OUST release draft VI and PVI guidance to

EPA regions for internal review

2010 2012

REGULATORY TIMELINE

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2013

EPA Releases external review draft VI and PVI Guidance

ASTM Standard E1527-13 – Migration (“in vapor form”) is

defined & ASTM E2600-10 is referenced

EPA Releases Final VI and PVI Guidance

Documents ITRC publishes PVI Guidance

ASTM Updates ASTM E2600-15

2014 June 2015 December 2015

REGULATORY TIMELINE

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February 3, 2016

EPA Opens Public Comment Period for Proposal to a add

subsurface intrusion (SsI) component to the Hazard

Ranking System for Superfund NPL Listing

April 29, 2016

Public Comment Period Closed

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REGULATORY TIMELINE

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September 2, 2016

EPA submitted Proposed Final Rule to the White House

Office of Management &

Budget for review

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December 7, 2016

Former EPA Adm. Gina McCarthy signed rulemaking to

add “subsurface intrusion component” to HRS

January 9, 2017

Rule Published in Federal Register

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REGULATORY TIMELINE

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May 22, 2017

Rule Took Effect

https://www.gpo.gov/fdsys/pkg/FR-2017-01-09/pdf/2016-30640.pdf

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http://vapor-intrusion.blogspot.com/

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STATE OF THE STATES

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STATE OF THE STATES



STATE OF THE STATES



FLORIDA



STATE OF THE STATES



UNANSWERED QUESTIONS?


OTHER POLICY CHALLENGES

• What constitutes an immediate/imminent threat to public

health & environment? • Professional Obligations? • Re-openers? • Off-Site vs. on-site? • TCE

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QUESTIONS?

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JERE (TREY) HESS, P.E. Director, Brownfields & Economic Development [email protected] 601.953.2564