The document summarizes a presentation on the history and evolution of risk-based corrective action (RBCA) for environmental remediation. It discusses how RBCA developed from early cleanup standards using total petroleum hydrocarbons to more sophisticated site-specific risk assessment approaches. It also overviewed the global environmental remediation market, noting the US and Europe as leaders and emerging opportunities in Asia and developing countries.
The TCE Revolution and Its Permanent Impact on Environmental Due DiligenceEDR
EDR INSIGHT WEBINAR: THE TCE REVOLUTION AND ITS PERMANENT IMPACT ON ENVIRONMENTAL DUE DILIGENCE
June 24, 2015
Presented by:
-David Gillay, Partner and Chair of Brownfields & Environmental Transactional Diligence Practice Areas, Barnes & Thornburg LLP
-Dr. Michael Dourson, Ph.D., Alliance for Risk Assessment
Following decades of studies, scrutiny and debate, the U.S. EPA updated its TCE’s toxicity profile in the IRIS database, dramatically lowering the toxicity value. For transactional due diligence, this more stringent limit has important implications, including markedly more extensive and expensive cleanup processes. Given the focus on vapor migration in the new ASTM Phase I ESA standard, environmental professionals need to be increasingly cautious when making REC determinations and recommendations to clients.
Adding to the confusion is the significant variability in how regulators are using the updated TCE toxicity profile when making closure decisions at contaminated properties. For instance, U.S. EPA Regions 9, 10 and states like Minnesota, Indiana and Massachusetts (among others) have implemented profoundly different approaches to address TCE risk at contaminated sites. Thus, it is critical for environmental professionals to stay abreast of the how TCE guidance is being interpreted and applied across the country. In the latest development, the Agency for Toxic Substances & Disease Registry is proposing a dramatic change to its TCE toxicity profile for the first time in 18 years. The comment period ended on March 16, 2015, and if the update is finalized in its current form, there will be more intense scrutiny on exposure risks which will further complicate transactional due diligence.
This timely webinar will bring together an attorney and a national subject matter expert to address the various impacts of TCE’s toxicity update on transactional due diligence. This panel will help EPs answer the following questions:
-Does TCE in groundwater constitute a VEC and/or a REC?
-How should an EP manage variability in TCE standards in multi-state transactions?
-How can an EP take steps to minimize exposure to potential liability?
-How can an EP make sense of the science and available guidance?
-How should an EP communicate potential risks associated with TCE to clients?
Civic Exchange 2009 The Air We Breathe Conference - U.S. Politics and Laws as...Civic Exchange
Civic Exchange 2009 The Air We Breathe Conference - Experts Symposium 9 January 2009
U.S. Politics and Laws as Drivers for Air Quality Management (AQM)
presented by John G Watson (Desert Research Institute)
http://air.dialogue.org.hk
This presentation describes the current status of vapor intrusion regulation in Texas under existng rules and guidance documents, and points out the ambiguity and case-by-case nature of vapor intrustion regualtion in the State at this time.
The TCE Revolution and Its Permanent Impact on Environmental Due DiligenceEDR
EDR INSIGHT WEBINAR: THE TCE REVOLUTION AND ITS PERMANENT IMPACT ON ENVIRONMENTAL DUE DILIGENCE
June 24, 2015
Presented by:
-David Gillay, Partner and Chair of Brownfields & Environmental Transactional Diligence Practice Areas, Barnes & Thornburg LLP
-Dr. Michael Dourson, Ph.D., Alliance for Risk Assessment
Following decades of studies, scrutiny and debate, the U.S. EPA updated its TCE’s toxicity profile in the IRIS database, dramatically lowering the toxicity value. For transactional due diligence, this more stringent limit has important implications, including markedly more extensive and expensive cleanup processes. Given the focus on vapor migration in the new ASTM Phase I ESA standard, environmental professionals need to be increasingly cautious when making REC determinations and recommendations to clients.
Adding to the confusion is the significant variability in how regulators are using the updated TCE toxicity profile when making closure decisions at contaminated properties. For instance, U.S. EPA Regions 9, 10 and states like Minnesota, Indiana and Massachusetts (among others) have implemented profoundly different approaches to address TCE risk at contaminated sites. Thus, it is critical for environmental professionals to stay abreast of the how TCE guidance is being interpreted and applied across the country. In the latest development, the Agency for Toxic Substances & Disease Registry is proposing a dramatic change to its TCE toxicity profile for the first time in 18 years. The comment period ended on March 16, 2015, and if the update is finalized in its current form, there will be more intense scrutiny on exposure risks which will further complicate transactional due diligence.
This timely webinar will bring together an attorney and a national subject matter expert to address the various impacts of TCE’s toxicity update on transactional due diligence. This panel will help EPs answer the following questions:
-Does TCE in groundwater constitute a VEC and/or a REC?
-How should an EP manage variability in TCE standards in multi-state transactions?
-How can an EP take steps to minimize exposure to potential liability?
-How can an EP make sense of the science and available guidance?
-How should an EP communicate potential risks associated with TCE to clients?
Civic Exchange 2009 The Air We Breathe Conference - U.S. Politics and Laws as...Civic Exchange
Civic Exchange 2009 The Air We Breathe Conference - Experts Symposium 9 January 2009
U.S. Politics and Laws as Drivers for Air Quality Management (AQM)
presented by John G Watson (Desert Research Institute)
http://air.dialogue.org.hk
This presentation describes the current status of vapor intrusion regulation in Texas under existng rules and guidance documents, and points out the ambiguity and case-by-case nature of vapor intrustion regualtion in the State at this time.
PIOGA/MSC Observations/Questions on PA DEP Radiation in Shale Drilling StudyMarcellus Drilling News
A document produced in August 2013 jointly by the Marcellus Shale Coalition (MSC) and the Pennsylvania Independent Oil and Gas Association (PIOGA) questioning some of the criteria and scope of a proposed study now under way and being conducted by the PA Dept. of Environmental Protection (DEP). The DEP is studying the extent and scope of radiation in shale drilling waste, and whether or not they need to establish regulatory standards to control it.
This is a presentation on translating environmental risk assessment outputs to socioeconomic impact inputs under REACH that I gave in March 2010 to the Socieconomic Analysis Committee of the European Chemicals Agency in Helsinki.
PA DEP Proposal to Study Radiation Levels Associated with Shale DrillingMarcellus Drilling News
A proposal submitted to and accepted by the PA Dept. of Environmental Protection from Perma-Fix Environmental Services to conduct a 12-14 month in-depth study of naturally occurring radioactivity levels in drilling wastewater, drill cuttings, and the equipment used to transport, store and dispose of drilling wastes.
A critique of New York's draft drilling regulations for hydraulic fracturing submitted by Judith Enck, Region 2 Administrator for the federal Environmental Protection Agency. The critique was submitted on Weds, Jan 11 just hours before the filing deadline closed at the New York State DEC.
Two case studies are presented on the beneficial use of SWM pond sediments as environmentally sustainable and cost effective alternatives to landfill disposal.
Drexel University Study on Air Quality Near Marcellus Shale Drilling SitesMarcellus Drilling News
A new study of the effects of Marcellus Shale extraction on air quality. The study was published in the peer reviewed journal Environmental Science & Technology and titled "Atmosphere Emission Characterization of Marcellus Shale Natural Gas Development Sites". It finds far less impact on air quality near drilling sites than previously thought, but also a measurable impact on air quality near compressor stations.
PIOGA/MSC Observations/Questions on PA DEP Radiation in Shale Drilling StudyMarcellus Drilling News
A document produced in August 2013 jointly by the Marcellus Shale Coalition (MSC) and the Pennsylvania Independent Oil and Gas Association (PIOGA) questioning some of the criteria and scope of a proposed study now under way and being conducted by the PA Dept. of Environmental Protection (DEP). The DEP is studying the extent and scope of radiation in shale drilling waste, and whether or not they need to establish regulatory standards to control it.
This is a presentation on translating environmental risk assessment outputs to socioeconomic impact inputs under REACH that I gave in March 2010 to the Socieconomic Analysis Committee of the European Chemicals Agency in Helsinki.
PA DEP Proposal to Study Radiation Levels Associated with Shale DrillingMarcellus Drilling News
A proposal submitted to and accepted by the PA Dept. of Environmental Protection from Perma-Fix Environmental Services to conduct a 12-14 month in-depth study of naturally occurring radioactivity levels in drilling wastewater, drill cuttings, and the equipment used to transport, store and dispose of drilling wastes.
A critique of New York's draft drilling regulations for hydraulic fracturing submitted by Judith Enck, Region 2 Administrator for the federal Environmental Protection Agency. The critique was submitted on Weds, Jan 11 just hours before the filing deadline closed at the New York State DEC.
Two case studies are presented on the beneficial use of SWM pond sediments as environmentally sustainable and cost effective alternatives to landfill disposal.
Drexel University Study on Air Quality Near Marcellus Shale Drilling SitesMarcellus Drilling News
A new study of the effects of Marcellus Shale extraction on air quality. The study was published in the peer reviewed journal Environmental Science & Technology and titled "Atmosphere Emission Characterization of Marcellus Shale Natural Gas Development Sites". It finds far less impact on air quality near drilling sites than previously thought, but also a measurable impact on air quality near compressor stations.
Presentation given at the University College Cork, Ireland Conference of the Enforcement of Environmental Law on the Topics of Risk based enforcement, Environmental Outcomes and Environmental Regulation
Environmental impact assessment (EIA)
In India any person who desires to undertake any new project or the expansion or modernization of any existing industry or project should submit a Rapid Environmental Impact Assessment report along with application to the secretary, Ministry of Environment and Forests (MoEF), New Delhi. Basic types of EIA being practiced are given below.
Rapid Environmental Impact Assessment (REIA)
Comprehensive Environmental Impact Assessment (CEIA)
Strategic Environmental Impact Assessment (SEIA)
Sectoral Environment Impact Assessment
Regional Environmental Impact Assessment
Environmental Impact Assessment Notification in India
EIA is of comparatively recent origin in India and has become an integral part of Environmental Management by EIA notification of 1994 and its subsequent amendments by Ministry of Environment & Forests (MoEF), Govt. of India. The notification specifies 30 categories of projects with potential risks to degrade the Environment.
Purposes of EIA
EIA is a process with several important purposes, which can be categorized as follows:
To facilitate decision-making For the decision-maker, for example the local authority, it provides a systematic examination of the environmental implications of a proposed action, and sometimes alternatives, before a decision is taken
To aid in the formation of development EIA can be of great benefit to them, since it can provide a framework for considering location and design issues and environmental issues in parallel. It can be an aid to the formulation of developmental actions, indicating areas where the project can be modified to minimize or eliminate altogether the adverse impacts on the environment.
To be an instrument for sustainable development The key characteristics of sustainable development include maintaining the overall quality of life, maintaining continuing access to natural resources and avoiding lasting environmental damage.
Principle of EIA
The Benefits of Environmental Assessment
Categorization of projects and activities
Environmental Clearance (EC)
EPA Inspector General Report Calling on EPA to Do More About Fugitive MethaneMarcellus Drilling News
A "report" by the Environmental Protection Agency's Inspector General that says the EPA is not doing enough to stop so-called fugitive methane from leaking from pipelines. The IG wants the EPA to use stricter measures and move away from voluntary measures (to forced measures) to reduce methane leakage. All in an attempt to address the issue of mythical global warming.
Natural Capital at Risk: The Top 100 Externalities of BusinessSustainable Brands
This report offers a high level perspective on the world’s biggest natural capital risks for business, investors and governments. To provide a business perspective, it presents natural capital risk in financial terms. In doing so, it finds that the world’s 100 biggest risks are costing the economy around $4.7 trillion per year in terms of the environmental and social costs of lost ecosystem services and pollution. The aim of the report is to provide insight into how companies and their investors can measure and manage natural capital impacts and to inspire further research and debate.
5th International Disaster and Risk Conference IDRC 2014 Integrative Risk Management - The role of science, technology & practice 24-28 August 2014 in Davos, Switzerland
5th International Disaster and Risk Conference IDRC 2014 Integrative Risk Management - The role of science, technology & practice 24-28 August 2014 in Davos, Switzerland
Comparison of treatment methods for the assessment of environmental impacts o...Premier Publishers
The mud causes considerable pollution impacting several sectors, especially the groundwater system and the staff working on Drilling wells ,so as to mitigate the environmental effects of the sludge on the environment we propose two treatment processes(scenarios 1 and scenario 2) like :Thermal desorption, Stabilization/Solidification off line),these treatments are very privileged and used in the field of treatment of oil muds, in (Hassi-Messaoud) Algeria. We use the "life cycle analysis" to evaluate the environmental impacts of each process (the two scenarios), the environmental impacts of each scenario are compared. Which are performed by the use of models of eco-indicator 99 by software “SIMAPRO7”. This evaluation allowed us to identify and quantify the contributions of emissions on human toxicity, the depletion of resources and the ecosystem quality, which are the main categories of impact in this specific Saharian context. The main substances of the assignment of the environment seem to be the chemicals added to the mud. As regards the comparison of the two treatment scenarios, the thermal desorption could be considered as the best method; it has the lowest impact in the three dominant categories scores, aside from the very large consumption of fossil energy causing from atmospheric emission.
This presentation was given as the foundation for the EPA Student Working Group problem lab. Working group members used this information to begin researching their problem and later went on to present their findings to their peers.
1. Presentation to Environmental Consultants in Tokyo Monday August 15, 2011 Risk-Based Corrective Action (RBCA): History, Evolution, Realities and Risk + ASTM 101 + Environmental Business in the Global Market Joseph E. Odencrantz, Ph.D., P.E. Principal, Tri-S Environmental-California Visiting Professor, Kyoto University (2007-on going)
2.
3. Enforced by Local Fire Departments. Prone to false positives. C8-C70 Range. Infrared Detector. Does not discriminate compounds.
11. Cleanup Levels Based on Models Base Case> with set of parameters including Organic Carbon, Solubility, Biodegradation and other variables. Used SESOIL for one-dimensional soil transport and AT123D for groundwater transport.
12. 1991 Mobil Exploration and Production Research Expanded variables to include Effective Solubility, Biodegradation Rate Ranges and Organic Carbon Content with Sensitivity Analysis. Emphasized necessity for site specific parameters Odencrantz, Farr and Robinson (1992) Journal Article.
13. Beginning of RBCA Development of site-specific cleanup levels was the basis for the development of risk-based corrective action, RBCA. Regulatory Agency Cooperation and Education Began in California with site-specific parameters and cleanup levels. First Draft 1994 timeframe.
14. What is RBCA? For managing petroleum & chemical release sites through the integration of site assessment, risk assessment, risk management, and remedial action into a streamlined and technically defensible framework for environmental decision making.
15. Tier 1 A site is assessed by comparing concentrations at the point of contamination with risk-based concentrations established by the administering regulatory agency. Many sites (10% estimated) can be screened out at this point so that no further action is necessary.
16. Tier 2 Alternate, more realistic exposure points and scenarios. Some sites should screen out with a Tier 2 evaluation. Site-Specific Target Levels are implemented.
17. Tier 3 The most refined analysis and can involve detailed modeling and assessment of contamination reduction factors with contaminant fate and transport. Sites that do not pass a Tier 3 evaluation have substantial risk/hazard and should be remediated.
18. Many States Set Their Own Standards After RBCA came out in a formal standard, ASTM E1739 - 95(2010), the push was to get the method accepted and implemented into all 50 states. The process was long and difficult with some states refusing participation in the initiative.
19. API Decision-Support Software Developed in ~1995, Soil and Groundwater transport models combined with risk calculation models (Carcenogic-Risks and Non-Cargenogenic-Hazard Quotients). Deterministic and Monte Carlo on both transport and risk calculations.
21. Low-Risk Sites In about 1997, State of California issued a directive to close all low risk sites, Most sites were predominantly clayey. Called the Petite letter. In California, the Governor was very conservative, but was not Arnold Schwartzenaeger.
22. Mandated Risk-Based Target Levels In Orange County, California, the Agency set 400 ppb (ug/L) in groundwater for the target “low risk” level for benzene. This short-lived basis did not last very long.
23. Move to Risk-Based Decision Making-1999 RBDM Performance Assessment Study was an ongoing research effort designed to assist state and territorial environmental regulatory agencies with the evaluation of their individual RBDM corrective action program performance for Leaking Underground Storage Tanks (LUST).
24. RBDM Continued The evaluation helped to determinewhether RBDMprograms areachievingtheirstate agency management goals.
25. Defined RBDM is a science-based processthat offers a clearly defined andconsistent basis for site evaluationand remediation. As a result, implementationof RBDM correctiveaction programs is expected toresult in increased program efficiencyand improved risk reduction.
26. Three-Part Program 1. Risk-Based Site Prioritization: Prioritizesites based on the timingor magnitude of potential impactsto human health and theenvironment.
27. Part 2 Site-Specific, Risk-Based RemediationGoals: Determine risk-basedconcentration limits for affectedenvironmental media designedto prevent impacts on humanhealth and the environment.Tier 1 remediation goals representgeneric concentration limits,based on conservative defaultassumptions. Tier 2 and Tier 3provide site-specific medialimits based on additionalsite data and more sophisticateddata analysis.
28. Part 3 Remedy Selection: Selectremediationalternatives, such as removalor exposure control, toaddress site-specific risk drivers.
29. Example Calculate CRF-Composite Reduction Factors Profiles. Defined as maximum site concentration / site cleanup goal. Break case load into no action, simple action, remediation plan required and estimated time of closure. Oversight cost assessment.
30. California-2005 The California Human Health Screening Levels (CHHSLs or “Chisels”) are concentrations of 54 hazardous chemicals in soil or soil gas that the California Environmental Protection Agency (Cal/EPA) considers to be below The thresholds of concern used to develop the CHHSLs are an excess lifetime cancer risk of one-in-a-million (10-6) and a hazard quotient of 1.0 for noncancer health effects. The CHHSLs were developed using standard exposure assumptions and chemical toxicity values published by the U.S. Environmental Protection Agency (USEPA) and Cal/EPA.
31. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
32. CHHSL`s The CHHSLs presented in thelookup tables are NOTregulatorycleanupstandards. Use of theCHHSLs is voluntary on the part of those who choose to use them. At sites where cleanup of contaminated soils to levels at or below the CHHSLs would be costly, the time and effort to develop more site-specific cleanup may be desired.
34. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
35. Vapor Testing Can use TO-15 or TO-17. TO-15: Summa canisters at 1L or 6 L size TO-17: Air pump with sorbents (Two carbon black and molecular sieve)
36. ASTM 101 ASTM International, formerly known as the American Society for Testing and Materials (ASTM), is a globally recognized leader in the development and delivery of international voluntary consensus standards. Today, some 12,000 ASTM standards are used around the world to improve product quality, enhance safety, facilitate market access and trade, and build consumer. 4257 standards contain the word environment and 15358contain the word water. www.astm.org
37. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
38. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
39. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
40. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
41. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
42. ASTM 101 Closing statements. Beacon Environmental (BESURE) vapor intrusion and indoor air sampling kits.
43. Environmental Business in the Global Market Material Obtained from Remediation and Nature and Landscape Protection Services: An Examination of U.S. and Foreign Markets United States International Trade Commission Publication 3727
44. Environmental Business in the Global Market Remediation services: Global market Total revenue approximately US $30 Billion annually. Remediation services accounted for 10. percent of the $300 billion worldwide environmental services market (solid and hazardous waste management services, nature and landscape protection, and remediation services.
45. Environmental Business in the Global Market Industry observers expect the environmental consulting segment of the remediation industry to be the principal beneficiary of increased trade in the future. Most agree that it is not cost-effective to export actual remediation services to most other countries because work requires specialized equipment that is difficult to transport across borders, and most technology is widely available. However, industry representatives believe that the skills of U.S. firms in areas such as site assessment and overall project planning are highly competitive in foreign markets, and over the coming years these are likely to represent growth opportunities for U.S. companies in the field.
46. Environmental Business in the Global Market EUROPE Demand for remediation services varies considerably across European markets. While certain large markets are mature, other markets are exhibiting significant growth. In particular, Central and Eastern European (CEE) countries are potentially large markets for such services due to Communist-era environmental damage and environmental obligations stemming from the recent accession of many of these countries to the European Union. However, CEE markets are relatively small at present, as other environmental issues such as air and water pollution take precedence over remediation services.
47. Environmental Business in the Global Market More on EUROPE-Market In 2000, Europe as a whole accounted for $8.6 billion,3 or 30 percent, of the global market for remediation services, making it the world’s second-largest market for such services behind the United States. Remediation service revenues grew at an average annual rate of 15.1 percent during 1994-2000. According to data provided by Environmental Business International (EBI), Western Europe accounted for $7.9 billion, or 92 percent, of revenues generated in the European remediation services market in 2000. In comparison, the research and consulting firm ECOTEC (now http://www.ecorys.com/ ) values expenditures on remediation and cleanup in the European Union at $4.1 billion in 1999. Note: Ecorys is a leading European research and consultancy company.
48. Environmental Business in the Global Market More on EUROPE-Technology Remediation methods vary from country to country with respect to efficiency, cost, and site requirements. Many Western European countries use physical or chemical remediation techniques to treat contaminated soil. These methods account for one-half of the European market for such services. In general, ex-situ technologies dominate the West European market because results are faster, firms have more experience using these technologies, and the results are more easily controlled. Results from use of in-situ technologies are typically not as fast as those from ex-situ technologies, and concerns about the comprehensiveness of the results have constrained demand for onsite remediation. However, in-situ technologies are often used in areas where extraction is impractical, such as underneath existing structures, in large contaminated areas, or in areas that contain both contaminated soil and water.
49. Environmental Business in the Global Market Asian-Markets While a handful of countries have substantial market activity in this sector, most are still in the process of defining standards and regulations. Japan accounted for the largest share of the Asia-Pacific market for remediation, although remediation services account for a greater share of overall environmental expenditures in Australia. The Australian market for remediation services is considered mature due to stringent regulations and increasing urban expansion that is raising the value of land and creating incentive for the transformation of former industrial sites into residential areas. Conversely, the Japanese remediation sector is poised for significant growth, with the country having passed its first national binding soil remediation law. HongKong, China, and Thailandhave either established or drafted standards for remediation, though enforcement mechanisms are not in place. In Malaysia and the Philippines, awareness of contamination issues has emerged, but other economic and environmental issues continue to take precedence over remediation and NLP issues
50. Environmental Business in the Global Market Emerging Markets-Latin America, Africa, Middle East and Asia (Not including Japan, Australia or New Zealand) The market for remediation services in developing countries represents only a small fraction of the global market for such services. Industry data indicate that Latin America, Africa, Asia, and the Middle East together accounted for $3.3 billion, or approximately 11 percent, of the nearly $29 billion global market for remediation services in 2000