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February 16, 2011 |
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Are Natural Resource Damage Claims for Groundwater in Your Future?
The goal of the Natural Resource Damage Assessment (NRDA) provisions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is the restoration of natural resources. Trustees of these resources (states, federal agencies, and Native American tribes) identify and implement specific projects in the post-award phase of a NRDA claim under CERCLA. Until recently, such claims have focused on the diminished quality of surface water bodies (compensation for lost habitat and fisheries). Because of this, many inland sites may not expect to be a party of a NRDA under CERCLA; however, the focus is shifting to include groundwater resources. Many of the trustees for western states are well along in the process and are implementing groundwater restoration projects. The Midwestern and eastern states are expected to follow suit. Identifying, Scaling, and Evaluating Groundwater Restoration Projects as Compensation for Groundwater Injuries (Lane et al, 2009) provides a good discussion of the topic, presents a range of the potential options for groundwater restoration projects, and may act as a primer for trustees evaluating how they may approach potential groundwater claims in the future.
Ohio House Bill 10 Introduced for Revitalization of Brownfield Sites Rep. Barbara Sears (R - Maumee) recently introduced House Bill 10 to the 129th Ohio General Assembly as an additional mechanism for revitalization of brownfield sites. The bill will authorize up to a 50% refundable tax credit for the completion of voluntary actions to remediate contaminated sites and return them to productive use.Accurate Soil Type Critical for Vapor Intrusion Modeling
Vapor Intrusion (VI), the migration of vapors into buildings from subsurface contamination, is currently a hot-topic environmental concern. Vapor attenuation models generally show that vapor concentrations are negligible by the time they get indoors. However, do you understand the implications of soil type to the model results?
Green and Sustainable Remediation Becoming a "Required Consideration"
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Coming Soon...
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Cox-Colvin & Associates, Inc.
7750 Corporate Blvd. • Plain City, Ohio 43064 |
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We're beginning to see green and sustainable remediation (GSR) transitioning from a "recommended approach" to a "required consideration". Some non-regulatory mechanisms are already quite common. In terms of regulatory authority, EPA and some state agencies have or are in the process of implementing this transition. 
important means of accessing one of the nation's most vital energy resources (natural gas), and has been implemented successfully for years throughout the country. However, the fear of contaminated drinking water has intensified as fracking has spread from the South and West to other settings, such as the Marcellus Shale, present in parts of Pennsylvania, West Virginia, and Ohio. In most cases, these concerns are overstated and not realistic. In 2010, Congress directed EPA to examine the relationship between hydraulic fracturing and drinking water resources. The draft document presents EPA's plan for study. Look for additional information and analysis of this rapidly evolving issue in future editions of this Newsletter.