February 2016 - EnviroForensics | Environmental Engineering, Consulting & Remediation

Indiana House Approves Bill Limiting State Environmental Regulation

Posted on February 12, 2016December 6, 2023 by Jeff Carnahan

Tuesday, February 2, the Indiana House approved a bill that would prevent state regulatory agencies from passing environmental laws tougher than those enforced by the federal government. The Republican-controlled House voted 64-33 to send the bill to the Senate for consideration.

While the bill was lauded by industry groups, environmental and public health groups were beside themselves. The bill was introduced by Rep. David Wolkins (R-Winona Lake) and is aimed at stopping the Indiana Department of Environmental Management (IDEM) from enforcing any law that is more strict than those established by the United States Environmental protection Agency (USEPA). Citing the cost to businesses of environmental compliance as a reason for needing this legislation, Rep. Wolkins stated, “Political appointees come and go. And if we get somebody who is a very rabid environmentalist, the fact is, they just don’t pay attention to the cost of things.”

While such legislation could potentially save businesses money by capping potential expenditures for environmental compliance and cleanup, there could be debate as to whether or not such legislation is actually good for the citizens of Indiana. Over the past several years, Indiana has ranked as one of the most polluted states in the country. In 2011, the Daily Finance ranked Indiana as the second “least green” state in the country. In 2015, Wallethub ranked Indiana the 47th least eco-friendly state. Additionally, the Natural Resource defense Council routinely ranks Indiana in the bottom 10% with respect to air quality.

Based on Indiana’s distinction on the national stage for displaying a low level of environmental protection, it would seem counterintuitive to remove additional power from the IDEM. In a state possessing a political climate such as Indiana, it’s unlikely that individual environmental laws that may be more stringent than the USEPA’s standards would be passed. However, in the event that such a move should be necessary in the future, even with political concordance, the current bill under consideration would tie the hands of future lawmakers.

The USEPA has given individual states the right to enforce their regulations in a manner that is at least as stringent as their own. It seems that even the USEPA recognizes that some environmental regulations can be better enforced at the state level where the agencies can tailor their enforcement to meet the specific needs of the state. This is not unlike how states govern themselves independently beneath the umbrella of the federal government. This bill being considered appears to contradict the very process by which it may be created.

In the wake of several examples of unpopular state lawmaking episodes, concerns are growing that Indiana is at a high risk of losing our smart, well-educated and creative young talent. As the bill moves on to the Senate Environmental Affairs Committee chaired by Senator Ed Charbonneau (R-Valparaiso), opportunities exist for public reaction to inform the committee members of Indiana citizens’ true feelings on this matter. As Rep. Wolkins states, “Political appointees come and go.” If this bill passes it could prove to be legacy legislation that is not in the best interest of Indiana’s future.

Below are the members of the Indiana House and Senate Environmental Affairs Committee, with links to contact them.

Indiana House Environmental Affairs Committee

Chair: Rep. David Wolkins
Vice Chair: Rep. Greg Beumer
Majority Members:
Rep. Mike Aylesworth
Rep. Sean Eberhart
Rep. William Friend
Rep. Don Lehe
Rep. Doug Miller
Rep. Donna Schaibley
Rep. Heath VanNatter

Indiana Senate Environmental Affairs Committee

Chair: Sen. Ed Charbonneau
Ranking Member: Sen. Doug Eckerty
Majority Members:
Sen. Eric Bassler
Sen. Phil Boots
Sen. Liz Brown
Sen. Rick Niemeyer
Sen. Scott Schneider

EPA Sets Timeline for Proposed Addition of Vapor Intrusion Component to the Hazardous Ranking System

Posted on February 9, 2016December 5, 2023 by Jeff Carnahan

The U.S. Environmental Protection Agency (EPA) proposed the addition of a subsurface intrusion (SsI) component to the Superfund Hazard Ranking System (HRS) last week. The SsI component includes both shallow water contamination that could intrude occupied structures and homes and Vapor Intrusion (VI). The focus, however, falls on the VI exposure pathway, which can now be the sole reason for a site being added to the National Priorities List (NPL) via the HRS process. The proposed rule will be published in the Federal Register, thereby enacting a sixty day public comment period.

The HRS is a numerical screening system that uses information from initial, limited investigations to determine a site’s potential to harm human health or the environment. Sites receive a score ranging from 0 to 100, and those with scores of 28.50 qualify for the NPL—although the EPA typically takes other factors into consideration before officially placing a site on the list. Sites on the NPL are eligible for long-term remedial action funded by the federal Superfund program.

In the proposed rule, the EPA says, “This addition will allow an HRS evaluation to directly consider human exposure to hazardous substances, pollutants, or contaminants that enter regularly occupied structures through subsurface intrusion in assessing a site’s relative risk, and thus, enable subsurface intrusion contamination to be evaluated for placement of sites on the NPL.”

While it is not anticipated that the number of NPL sites will drastically increase, it is likely that the EPA will be paying more attention to sites with only VI potential as a larger part of the program.

The best option for sites placed on the NPL is to find the right consultant to conduct the cleanup and address VI concerns. EnviroForensics is among the nation’s leaders in vapor intrusion and sites contaminated with PCE and TCE, and our VI team possesses the skills and expertise to handle VI assessment and mitigation. Additionally, we work to secure alternative funding for our clients by locating and utilizing historical insurance policies.

VI exposure concerns have become more routinely addressed within the past few years. As VI gains better understanding and awareness, regulations on it will continue to be created. Business owners should be proactive in dealing with VI risk on their properties, and any investigation or remediation performed at a site should include a thorough VI assessment.

About the Author

Jeff Carnahan, L.P.G.
Vice President, Chief Technical Officer
866.888.7911
jcarnahan@enviroforensics.co

Jeff Carnahan is a Licensed Professional Geologist (LPG) with over 18 years of environmental consulting and remediation experience. In his role as Chief Technical Officer, Jeff encourages and upholds the superior level of technical expertise found at EnviroForensics. His expertise has focused on the investigation and interpretation of subsurface releases of hazardous substances for the purpose of evaluating and controlling the risk and cost implications to his clients. He has amassed extensive experience working with releases of chlorinated solvents within voluntary and enforcement cleanup programs for various State agencies and the U.S. EPA. Throughout his career Jeff has provided technical support to the legal community regarding the cause, origin, timing, and cost of environmental releases. His litigation and expert opinion experience has focused primarily on chlorinated solvents and cost-recovery claims on behalf of insurance policyholders. Additionally, Jeff has over 14 years of experience in the investigation and mitigation of vapor intrusion issues and oversees the VI Assessment Team at EnviroForensics.

California Perc Ban: 2023 Deadline Inching Closer

Posted on February 5, 2016December 5, 2023 by Jeff Carnahan

DRYCLEANING SOLVENT TO BE PHASED OUT IN NEXT TWO YEARS AND OTHER STATES CONSIDER BANS OF THEIR OWN

California banned the installation of new Perc dry cleaning machines in 2007 and required that old machines be shut down by 2010. The law also stated that all Perc machines must be taken out of service by 2023. In 2011, the U.S. Environmental Protection Agency approved California’s Perc ban.

Perc has long been in use as an effective drycleaning solvent, and much environmental contamination from Perc is linked to historical drycleaning operations. In the 1970s and 80s industries that used chemicals for cleaning and degreasing didn’t realize that those chemicals could result in soil and groundwater contamination when spilled. It’s also worth noting that the EPA was not established until 1970, while dry cleaning started in the 1930s.

Learn more about the history of Perc use in drycleaners.

Currently, the EPA regulates Perc under the Clean Air Act. In compliance with the Clean Air Act, the EPA has developed standards for controlling Perc emissions. The EPA also conducts two reviews to monitor the implementation and success of these standards. Every eight years, they perform a technology review, which seeks improvements in air pollution controls and prevention. The EPA also conducts a residual risk review to assess human health effects after certain standards have been put into effect.

PERC BANS IN OTHER STATES
California is not the only state banning Perc from dry cleaning operations Minnesota lawmakers passed a ban in March 2021 to take full effect by 2026. New York State banned the use of Perc solvent in co-located residential facilities at the end of 2020 and will phase out the use of third generation drycleaning machines by the end of 2021.

WHAT DRYCLEANERS SHOULD DO TO PREPARE FOR A POST-PERC WORLD
Drycleaners in all states should be considering this possibility and seeking measures to reduce or eliminate their own use of Perc in their operations. This possibility also makes now an ideal time for drycleaners to consider proactively addressing any potential contamination issues they may have—the first step of which is hiring an environmental consultant. EnviroForensics is perfectly equipped with a team of environmental professionals who possess the skill and expertise to investigate and remediate environmental contamination from the use of Perc in dry cleaning operations.

Learn more about our environmental services for drycleaners and contact us today.

Vapor Intrusion Exposure Concerns Could Cause Sites to Be Reopened

Posted on February 3, 2016December 6, 2023 by Jeff Carnahan

Vapor Intrusion (VI) has become a routinely addressed environmental exposure issue within the past few years. Especially at sites where a spill of Tetrachloroethene (PERC) or Trichloroethylene (TCE) has occurred. Many state environmental agencies have provided guidance on dealing with VI issues, and now the US EPA has recently finalized their guidance for use at federal sites. In prior years, however, assessment of the VI exposure pathway was often excluded from a site’s investigation and remediation process. Since VI was not really on the regulator’s radar, many sites achieved closure without VI having been evaluated. As VI has become a routine part of environmental investigations, regulatory agencies are now beginning to reassess closed sites to see if VI exposure issues have been inadvertently missed. Very recently, it has been reported that the Indiana Department of Environmental Management (IDEM) has joined other states in reopening closed sites that warrant further assessment for VI risk.

EnviroForensics stresses to our clients and regulatory agencies the importance of a well-planned environmental investigation and remediation process — which includes a thorough VI assessment. Since many of our clients are dealing with, or have previously dealt with releases of PCE or TCE, the concern that VI exposure could be present is very real. Whether responsible parties are just embarking upon the investigation process, in the midst of the cleanup process, or approaching regulatory closure, an awareness of the importance of VI assessment and mitigation is paramount to managing risk and liability.

If you are near the point of site closure, you and your consultant should determine which continuing obligations will be required by IDEM. Once remediation is complete, all VI pathways and ongoing mitigation should be clearly outlined and understood by all parties involved. However, it is possible to eliminate the need for continuing obligations for the VI pathway if it has been thoroughly evaluated and remediated. This point is especially compelling when dealing with releases of PCE and TCE since these compounds are very resistant to degradation under naturally occurring conditions in the subsurface environment. In other words, if PCE or TCE were present at levels high enough to be of concern for VI exposure back when a site may have been closed without VI assessment, the risk is likely still present.

Not only is it extremely important to follow the contemporary guidance for VI assessments in support of investigation, remediation and closure for PCE and TCE sites, it is also prudent to have an expert look at your closed site files to perform a preemptive assessment of potential VI issues. That way, if the regulatory agency has a look at your closed site and considers reopening it, you can be a step ahead. EnviroForensics is among the nation’s leaders in vapor intrusion and sites contaminated with PCE and TCE. Our VI team is highly skilled in handling VI assessment and mitigation. We utilize our expertise as well as a line of specialized, field-based, analytical tools to obtain the necessary details during VI assessments. We are successful in handling all VI concerns for our clients’ sites and ensure that our work is approved by state and local regulatory agencies. If you are concerned that your closed site may be subject to reopening, we can help put your mind at ease.

About the Author

Jeff Carnahan, L.P.G.
Vice President, Chief Technical Officer
866.888.7911
jcarnahan@enviroforensics.com

EnviroForensics’ Dynamic Investigation Allows for Cost Savings and Defined Remediation Plan

Posted on February 1, 2016December 6, 2023 by Jeff Carnahan

It is a common occurrence for some environmental investigations to be completed over the course of several years. It is a known rule of thumb in the environmental industry that the longer an investigation takes, the more expensive it is. Additionally, every extra dollar spent to better understand the distribution of impacts results in a multi-dollar savings on remediation activities. It is our goal at EnviroForensics to complete our investigations in a meaningful and efficient manner that provides sufficient data for decision making, while minimizing the amount of time and money required to complete the work.

Last year, EnviroForensics began an environmental investigation at a former dry cleaning business and current coin-operated laundromat located in Indianapolis where historical operations resulted in a release of chlorinated solvents to soil and groundwater beneath the property. In September 2015, EnviroForensics completed a high-resolution, dynamic investigation over the course of only two weeks, which allowed our team of experts to fully understand the nature and extent of subsurface contamination in that short time window. Over 60 borings were advanced and over 450 soil and groundwater samples were collected and analyzed onsite with a mobile laboratory. EnviroForensics was able to evaluate sample data and make real time decisions with regard to locations for additional soil borings and focus the developing investigation to locations that were most appropriate. Most importantly, the project team worked alongside the business owner to complete the work, including advancing 6 soil borings inside the building, in a strategic manner that allowed the laundromat to remain open for business.

In the four months that followed, EnviroForensics installed permanent groundwater monitoring wells and completed vapor intrusion exposure assessments at the Site and nearby properties to determine that no potential for contaminant exposure was present. In February 2016, EnviroForensics staff submitted a Remediation Work Plan to the Indiana Department of Environmental Management, including a detailed evaluation of the Conceptual Site Model and an assessment of potential remedial technologies. Because the investigation provided such a dense data set with regard to soil and groundwater contamination, very few assumptions needed to be made when developing the remedial and regulatory closure approach. Often times when insufficient data is available, an overly aggressive remedial approach is prescribed. In this case, the project team confidently selected a remedial strategy best suited to address contamination at the Site and eliminate the potential for future exposure.

EnviroForensics recognizes that many of our clients wish to identify their environmental liabilities and get them resolved as soon as possible. By completing the investigation in an aggressive manner and preparing the Remediation Work Plan in less than one year, EnviroForensics has been able to provide peace of mind to our client, with their knowing that a scientifically sound cleanup strategy will soon be in place. Developing a detailed Conceptual Site Model will also allowed EnviroForensics to more accurately determine the costs associated with the upcoming remediation and closure activities. The extra effort upfront during the investigation is expected to result in a significant cost savings over the life of the project. The shorter than average timing of investigation activities alone likely saved the project hundreds of thousands of dollars.

About the Author

Matthew Bono
Project Manager
866.888.7911
mbono@enviroforensics.com

Mr. Bono has over 3 years of professional experience in environmental consulting. He has been involved in subsurface investigations and remediation activities at facilities and properties impacted with chlorinated solvents, petroleum products, and other hydrocarbons throughout the state of Indiana. Matt has assisted with data evaluation and reporting on all phases of projects from investigations through closure and has provided project management services including work scope development, budget management, and personnel management. He has provided oversight during remedial plan implementation, incorporating multiple technological approaches including pump and treat systems, soil vapor extraction (SVE), enhanced anaerobic bioremediation, thermal desorption, and soil excavation. Matt also has experience in contaminant transport and groundwater flow modeling. He has worked closely with clients and subcontractors, as well as state and federal regulators.