Contaminated Sites and Long-Term Stewardship: Meeting Obligations for Residual Contamination

Best Practices for Counsel in Implementing, Maintaining and Enforcing LTS

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, March 10, 2015

Recorded event now available

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Program Materials

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.

Description

Potential long-term stewardship (LTS) obligations often flow from residual contamination. These obligations frequently center on the vapor intrusion pathway. Vapor intrusion (VI) is the migration of volatile chemicals from contaminated soil and groundwater into buildings. This evolving inhalation “pathway” presents significant challenges and complicates environmental remediation and Brownfield development projects, real estate transactions, and management of commercial/industrial real estate portfolios.

The U.S. EPA has recently updated its national Institutional Control (IC) Policy which provides important guidance for investigation and remediation, and ultimately closing, contaminated sites. The updated IC Policy outlines an approach to help meet potential LTS obligations for managing residual risk and achieve site closure. The U.S. EPA has also made significant revisions to its draft 2002 national VI guidance and is very close to releasing this new guidance document.

LTS is an increasing part of cleanup programs in order to get contaminated properties ready for beneficial reuse. Ongoing monitoring and maintenance (especially foe the VI pathway) is needed to ensure continued protection of the human health. Environmental counsel to companies need to 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 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 as well as change of ownership issues that arise when contaminated property exchanges hands. The panel will offer best practices for implementing, maintaining and enforcing a LTS plan.

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Outline

  1. LTS
    1. Threshold criteria
    2. Controls
    3. Monitoring plan
    4. Recording keeping, reporting requirements
  2. Mitigation remedy
  3. Management of ongoing risks
  4. Change of ownership issues

Benefits

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 compliance requirements?
  • What framework does the EPA guidance provide to ensure the requirements for implementing LTS are met?

Faculty

Sheri L. Bianchin
Sheri L. Bianchin
Remedial Project Manager
U.S. EPA, Region 5, Superfund Division

Ms. Bianchin has worked for U.S. EPA Region 5 for 32 years.  She has worked in the Superfund Program since 1994...  |  Read More

David R. Gillay
David R. Gillay

Partner
Barnes & Thornburg

Mr. Gillay heads the Brownfields and Environmental Transactional Practice Groups and provides environmental counseling...  |  Read More

Kyle Hoylman
Kyle Hoylman
Founding Partner
Protect Environmental

Mr. Hoylman has worked on more than 150 vapor intrusion projects over the past 9 years, focusing on VI mitigation and...  |  Read More

Dr. Henry Schuver
Dr. Henry Schuver
Environmental Scientist
U.S. EPA

Dr. Schuver currently leads the development of a technical document on ‘Radon Lessons’ based on the...  |  Read More

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