CHWMS
Colorado Hazardous Waste Management Society, Inc. Monthly Newsletter
April 2009
April Workshop
On April 14, 2009, CHWMS is sponsoring a half-day workshop, titled “Environmental Opportunities in the
New Energy Economy.”
The workshop will be held at the offices of Faegre & Benson, 3200 Wells Fargo Center, 1700 Lincoln
Street, Denver, CO., from 8:30 a.m. to 1:00 p.m.
Topics covered include:
•
•
•
•
•
•
Top Ten Renewable Energy Market Drivers
Solar Power- Western State Policies
Geothermal Technologies
Wind Energy Projects
Carbon Capture and Geologic Storage
Solar Power Projects in Colorado
Please find workshop details and registration information enclosed with this newsletter.
We hope to see you there!
From the Board…by John L. Jankousky, P.E.*
ASTM Vapor Intrusion Standard for Real Estate Transactions
Vapor intrusion is the migration of organic contaminants from soil or groundwater through the subsurface into planned or
existing structures. Vapor intrusion can be a serious human health problem. Vapor intrusion has slowly been seeping into the
consciousness of environmental regulators and professionals (get it, slowly seeping . . . forget it) for the past several years,
mainly through a few high profile cases such as the Redfield site here in Denver. In some cases, regulators are re-opening
previously “No Further Action” sites because of concerns about vapor intrusion.
Multiple task forces headed by US Environmental Protection Agency (EPA) and American Society for Testing and Materials
(ASTM) have worked on the vapor intrusion issue for several years. In March 2008, ASTM released ASTM E 2600-08,
Standard Practice for Assessment of Vapor Intrusion into Structures on Property Involved in Real Estate Transactions. This
standard provides a framework for conducting a Vapor Intrusion Assessment on a property parcel to determine if the potential for
vapor intrusion exists at the property. The vapor intrusion standard is considered a “voluntary supplement” to Practice E 1527,
Standard Practice for Environmental Site Assessments; Phase I Environmental Site Assessment Process. The vapor intrusion
standard states clearly that it does not change in any way the requirements for “all appropriate inquiry” under CERCLA or the
requirements of Practice E 1527. A Vapor Intrusion Assessment can be an optional add-on to a Phase I Environmental Site
Assessment (ESA) or it can be performed separately from a Phase I ESA.
(continued page 2)
CHWMS
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From the Board
continued . . .
The goal of the Vapor Intrusion Assessment is to identify “whether or not a
vapor intrusion condition (VIC) exists or is likely to exist on the property.”
ASTM E 2600-08 provides a framework for the Vapor Intrusion Assessment
that consists of four tiers:
1.
2.
3.
4.
Tier 1 – Initial (non-invasive) Screening. The Tier I screening
involves the collection of data regarding the Subject Property and
neighboring properties; much of this data is the same as the
information collected during a Phase I ESA. However, search radii
are different for the Vapor Intrusion Assessment. Search radii can be
up to one-half mile; however, a structure is usually only impacted if a
contaminant plume is close by. The critical distance from an organic
plume to a structure is 100 feet, except in the case of petroleum
hydrocarbons, where the critical distance is 30 feet. A Tier I
screening will conclude that either (1) a potential vapor intrusion
condition (pVIC) exists or (2) that vapor intrusion is unlikely to be an
issue of concern at the Subject Property.
Tier 2 – Semi-Site Specific Numeric Screening. If a pVIC is
associated with the Subject Property, a more refined screening can be
performed under Tier 2. Tier 2 requires additional information, which
may be either noninvasive or invasive. The noninvasive information
consists of file review at the appropriate regulatory agency to
determine the extent and concentration of soil and groundwater
contamination. If this information is not available or not sufficient,
the Tier 2 screening may require the invasive techniques of soil, soilgas, or groundwater sampling. The Tier 2 screening will determine if
acceptable risk-based concentrations (RBCs) are exceeded. If RBCs
are not exceeded, a VIC should not exist. If RBCs are exceeded, the
User may go to Tier 3 or directly to Tier 4, mitigation.
Tier 3 – VIC Assessment. Tier 3 consists of more sophisticated
interior or exterior testing. Tier 3 may consist of groundwater or soil
gas samples coupled with a site-specific model, or indoor air testing.
Tier 4 – Mitigation. Mitigation may be “necessary mitigation” to
respond to a VIC or “pre-emptive mitigation” to respond to a pVIC.
Mitigation may consist of (1) institutional controls such as use
restrictions; (2) engineering controls such as vapor barriers, venting,
interior pressurization, or indoor air treatment; or (3) intrinsically safe
building design
CHWMS Officers:
President: Jacy Rock, Faegre & Benson,
(303) 607-3755, [email protected]
Vice-President: Kate Fangman, Technology
Lab, Inc., (970) 490-1414,
[email protected]
Secretary: Patrick Scher, Environmental
Chemical Corp., (303) 278-7607,
[email protected]
Treasurer: John Jankousky, EME Solutions,
(303) 279-1707, [email protected]
Past President: Andrew B. Flynn, Landmark
Environmental, Inc., (720) 283-8974;
[email protected]
Board Members:
Todd Bragdon, CDM Federal Programs Corp.,
(303) 298-1311, [email protected]
Melissa Collins, Faegre & Benson, (303) 6073748; [email protected]
Denee DiLuigi, Davis Graham & Stubbs LLP,
(303) 892-7370, [email protected]
Gerry Murt, Custom Environmental Services,
(303) 423-9949, [email protected]
Bill Rothenmeyer, US EPA, (303) 312-6045,
[email protected]
Joe Schieffelin, CDPHE, (303) 692-3356;
[email protected]
Committees:
Programs & Professional Development:
Jennifer Morrison, Aerotek, (303) 224-4582,
[email protected] ; Josh McMahon,
Burns, Figa & Will, (303) 796-2626,
[email protected]; Derek Wintle,
CDM, (3720) 264-1149, [email protected]
A year after its issuance, the extent that this vapor intrusion practice has
become commonplace is uncertain (at least to this author). As real estate
professionals, banks, and owners become more familiar with the vapor
intrusion risks and this practice, it is likely to become more and more
commonplace.
Membership: Kate Fangman, Technology
Laboratory, Inc. (970) 490-1414,
[email protected]
-----------------------------------------------------------------------------------------------
Nominations/By-Law: Gerry Murt, Custom
Environmental Services, (303) 423-9949,
[email protected]
* John Jankousky is an environmental/civil engineer and an owner of EME
Solutions, Inc., a two-person engineering firm.
Golf: Don Ganser, (303) 888-9078;
[email protected]
Website: Andrew B. Flynn, Landmark
Environmental, Inc., (720) 283-8974;
[email protected]
CHWMS
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PRODUCTS AND SERVICES
For information on listing products and services in the CHWMS newsletter, please contact CHWMS at (303) 674-8364 or [email protected].
CHWMS Lunch Meeting Sponsorships
Sponsors for a CHWMS lunch meeting are provided a table where brochures or other materials can be
displayed. The cost to sponsor a CHWMS meeting is $30 for members and $85 for non-members. The nonmember rate includes a one-year CHWMS individual membership. Please send your request to sponsor a
lunch meeting to [email protected]
RECRUIT AND PROFIT!!
Recruit a NEW member for CHWMS and get a $12.00 credit voucher! For each person you persuade to join
CHWMS, you will be issued a $12.00 voucher that you can apply to the CHWMS fee of your choice, whether
it be a luncheon, workshop or your own membership renewal. Note that you cannot take credit for a
member’s renewal. However, there is NO LIMIT to the number of vouchers you can accumulate. Just have
the new member put your name on the referral portion of the Membership Application Form. And keep those
new members coming!!
CHWMS
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MEMBERS ON THE MOVE.......
To be included in this section, submit your previous information along with your new information either by fax to
Maria Garrod at (303) 674-8364, or email to [email protected]. Changes must have occurred within the last three
months, and your membership must be current.
MEMBERSHIP – RENEWALS AND NEW
A big thank you to all those members who renewed, and a big welcome to our newest members!
RENEWALS
Tom White
ARCADIS (corporate)
Todd Bechtel
Neil Bingert
Ted Borer
Trisha Elizondo
Darla Gill
Jeff Gillow
Dave Gomes
Sara Handy
Hans Johannes
Patrick Keller
Amanda Kuhl
Ken Lehman
Dave Lipson
Laura Madsen
Ken Metzger
Richard Murphy
Susan Riggs
Christopher Rutledge
Kevin Szympruch
NEW
Delta Environmental (corporate)
Mike Adams
Richard Allison
Brenda Casey
Lonnie Dent
Alex Dewhirst
Gary Diewald
Erin Dodge
Will Fox
Cindy Gamet
Betty Graff
Dave Hall
Chester Hitchens
Steve Hoffman
Lauren Hollis
Ashley Hyde
Joel Johnston
Bonnie Kolbeck
Nat Kronholm
Thomas Kropatsch
Matt Lindenmeyer
Mark Mathiowetz
Al Rechnagel
Michael Skridulis
Steve Warner
Starlet Wright
CHWMS
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CHWMS HAZARDOUS WASTE REGULATORY UPDATE
FEDERAL AND STATE ACTIONS APPLICABLE TO COLORADO
By Burns, Figa & Will, P.C. – April 2009
A final EPA rule revises the definition of volatile organic compounds (VOCs) for purposes of preparing state
implementation plans (SIPs) to attain the national ambient air quality standard for ozone under Title I of the Clean Air
Act (Act). This revision adds the compounds propylene carbonate and dimethyl carbonate to the list of compounds
which are excluded from the definition of VOC on the basis that these compounds make a negligible contribution to
tropospheric ozone formation. The rule became effective February 20, 2009. 74 FR 3437
The EPA has announced that there may have been some uncertainty regarding the Bevill status of spent oil shale from
above ground retorting operations. This notice reiterates that spent oil shale from the above ground retorting of oil
shale is not a Bevill waste excluded from regulation under Subtitle C of the Resource Conservation and Recovery Act
(RCRA). However, the fact that such material is not excluded from regulation as Bevill waste does not mean that it is
regulated under Subtitle C of RCRA. In fact, the notice summarizes, for comment, available analytical data on the
characteristics of spent shale from oil shale above ground retorting operations (especially leachate characteristics),
which indicate that this material is unlikely to exhibit a hazardous characteristic under Subtitle C of RCRA. This notice
does not reopen any prior EPA rulemakings which address the Bevill status of wastes from the extraction, beneficiation,
or processing of ores and minerals. 73 FR 7909-02
THE SOLID AND HAZARDOUS WASTE COMMISSION
The Solid and Hazardous Waste Commission will not be meeting in April.
Presentation Opportunities for Upcoming CHWMS Meetings
The Colorado Hazardous Waste Management Society (CHWMS) is currently searching for "interesting, topical and informative"
presentations for our meetings in 2009. This is a great opportunity to network with your peers, share information and technology,
and become more involved with the environmental community. CHWMS is interested in an assortment of environmental-related
topics, such as the following:
9
Efficient Design and Construction
9
New Energy Research and Development
9
Small Business Programs
9
Environmental Sustainability and Stewardship
9
Facility and Infrastructure Life Cycle Management
9
Water Resources Planning and Management
Each monthly presentation is roughly 50 minutes, followed by a question and answer period.
If you or someone you know is interested in presenting at our monthly meetings, or even at our bi-annual workshops, please
feel free to contact one of the following members of our Programs Committee ASAP; Josh McMahon ([email protected]), Jennifer Morrison ([email protected]), or Derek Wintle ([email protected]).
CHWMS
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Membership Application/Renewal Form
Type of Application: _____Individual Renewal ______New Individual ($55.00 annual fee for one individual member)
_____Corporate Renewal ______New Corporate ($275.00 annual fee for unlimited members)
Please indicate the name of the CHWMS member who referred you to CHWMS______________________________________
NOTE: If you did not hear about CHWMS from a current member, please indicate how you found out about CHWMS:
______________________________________________________________________________________________________
Name:______________________________________________________________ Title:_______________________________
(Corporate Members please attach a list of individuals from your firm. All names must be registered to receive member discount & benefits.)
Company:___________________________________________________ Phone: ____________________Fax:_________________
Mailing Address:_________________________________________________________________________________________
City:_______________________________________________________ State:_____________Zipcode:___________________
Type of Business:
_____Technical Consultant _____Education _____Local Government _____Industry (type)_______________________________
_____Federal/State Government _____Attorneys _____Full-Time Student ($20.00) _____Other: ___________________________
(Students should include proof of full-time status)
Method of payment for dues:
_____check
_____cash
E-mail Address:____________________________________
(Do not list in member directory – check here____________)
Area of Volunteer Interest: ___Education ___Membership ___Nominations/By-Laws ___Program/Professional Development ___Golf
CHWMS
P.O. Box 2426
Evergreen, CO 80437-2426
InsideThis Issue:
April Workshop, Regulatory Update,
and more....