April 2020

Supreme Court Rules Discharges To Groundwater Could Require Clean Water Permit

Water Pollution /

For the second time this week, the United States Supreme Court surprised environmental groups when it held in County of  Maui v. Hawaii Wildlife Fund that the Clean Water Act permitting requirements applied not only to direct discharges of pollutants from point sources but also to discharges to groundwater that are the “functional equivalent” of […]

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Ohio Revises Vapor Intrusion Guidance

vapor intrusion /

The Ohio EPA Division of Environmental Response and Revitalization’s (DERR) issued revised vapor intrusion Guidance.  The document was developed using established guidance from the United States (U.S.) Environmental Protection Agency (EPA), the Interstate Technology Resource Council (ITRC), American Society of Testing and Materials (ASTM), and other states. The agency gave a special thanks to the

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Minnesota Issues Vapor Intrusion Mitigation Guidance For Parking Facilities

Uncategorized /

The Minnesota Pollution Control Agency (MPCA) issues a guidance document for design and operation of parking facility that will be used as a mitigation option for vapor intrusion.  The Guidance applies to both proposed and existing parking facilities. The agency states that while current codes require both physical barriers and ventilation to provide continuous air

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California Proposes Revisions To Vapor Intrusion Guidance

vapor intrusion /

California’s Department of Toxic Substances Control (DTSC) and the State Water Resources Control Board have issued draft supplemental Vapor Intrusion guidance. The draft “Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion” was released for review and public comment on February 14, 2020. However, because of the Covid-19 public health emergency, the public comment period is

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EPA Issues Guidance For Continuing or Suspending Response Actions During COVID-19 Crisis

Brownfields, CERCLA, enforcement, Environmental Due Diligence, Hazardous Waste, oil spills, PCBs, Underground Storage Tanks, vapor intrusion, Water Pollution /

In our post discussing EPA’s Enforcement Discretion guidance, we mentioned that EPA was working on guidance for performing remedial actions during the Covid-19 crisis. On April 10th, EPA issued its “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19” (Interim Guidance) to regional offices when determining to continue, reduce, or pause on-site

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Revised ESD Essential Services Guidance Appears to Include Phase 1 Reports and End Confusion for Consultants

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, New York Brownfield Cleanup Program, NY State Superfund /

As we discussed in a prior Post, the Empire State Development Corporation (ESD) issued a guidance document that were exempt from  Governor Cuomo’s  Executive Order 202.8 banning non-essential services from operating to control the spread of the covid19 virus. In response, the New York State Department of Environmental Conservation (“NYSDEC”) issued its own Guidance describing the

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NYSDEC Clarifies Requirements for Execution and Submission of BCP Agreements and Amendments

Brownfields, CERCLA, enforcement, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, Underground Storage Tanks, vapor intrusion /

The New York State Department of Environmental Conservation (“NYSDEC”)  has received numerous inquiries about issues arising with the execution of Brownfield Cleanup Program (“BCP”) agreements and amendments  because of the Covid19 pandemic. In response, the NYSDEC has issued the following guidance: The DYSDEC will grant reasonable extensions of time for the execution of Brownfield Cleanup

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NYSDEC Issues Further Guidance on Essential Activities For Brownfield Projects

enforcement, New York Brownfield Cleanup Program, NY State Superfund /

In a prior post, we discussed a letter NYSDEC issued to staff and standby contrators interpreting Governor Cuomo’s Executive Order 202.6 (EO) and the Empire State Development Corporation Guidance on shutdown of all non-essential services and activities. DEC has now posted further clarification on its  website that it considers the following activities as essential services:

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NYSDEC Will Exercise Enforcement For Signature Procedures for Certain Waste Streams

enforcement, Hazardous Waste /

To prevent spread of COVID-19, the New York State Department of Environmental Conservation (NYSDEC) will exercise its enforcement discretion with respect to certain provisions of 6 NYCRR Parts 364,372,374-2, and 381. According to a Letter issued by the NYSDEC Office of General Counsel, the agency will not pursue enforcement of requirements for signatures on waste

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NYSDEC Exercising Enforcement For Bottle Redemptions

enforcement, Pollution Prevention /

Pursuant to Empire State Development Corporation’s  Guidance on Executive Order 202.6, “trash and recycling collection, processing and disposal services” are considered essential business or entities that are not required to reduce in-person workforce by 100%.  The exclusion includes collection, transportation, processing and disposal activities for any solid wastes, regulated medical waste, hazardous wastes, radioactive wastes

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