On March 14th, U.S. EPA released its advanced pre-publication notice of proposed rulemaking which, if finalized, will establish for the first time national drinking water standards for PFAS under the Safe Drinking Water Act (SWDA). While many states have adopted drinking water standards, the U.S. EPA has yet to establish any national drinking water standards
U.S. EPA Endorses New ASTM Phase I Standard
On December 15, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule that endorses ASTM E1527-21 which provides a uniform standard for performing Phase I Environmental Assessments. The new rule will have an effective date of February 13, 2023. The EPA endorsement of the new ASTM Phase I standard means that the procedures
Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA
The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. The reason it is a game changer is that it will greatly simplify the evidence needed to support cleanup claims at any site where PFOS or PFOS contamination exists.
Ohio Releases Guidelines for $500 Million in Funding for Brownfield and Demolition Programs
In July 2021, Ohio’s 2022-2023 budget allocated $500 million in new brownfield funding under various development programs: $350 million for the investigation, cleanup, and revitalization of brownfield sites and another $150 million for the demolition of vacant or abandoned commercial or residential buildings.
The Ohio Department of Development (ODOD) will administer the funding and is
Biden Administration Accelerates Federal Regulation of PFAS
This week the Biden Administration released their PFAS Strategic Roadmap which sets forth ambitious action on regulation of Per- and Polyfluoroalkyl Substances (PFAS) pollution, including targeted action with deadlines for eight different federal agencies. The EPA’s stated goal is to focus on PFAS both upstream and downstream.
Upstream EPA intends to look at evaluating toxicity
New ASTM Phase I Standard Under Development- What to Expect
ASTM International publishes the accepted standard for performance of Phase I environmental assessments to evaluate a property’s environmental condition and assess potential liability for any contamination. U.S. EPA’s “All Appropriate Inquiries” Rule (AAI) recognizes the current ASTM Phase I standard, ASTM 1527-13, is consistent with the requirements of AAI and can be used to satisfy
New Ohio Law Reduces Cost and Time for Environmental Cleanups
On June 16, 2020, Ohio Governor Mike DeWine signed House Bill 168, which provides greater flexibility to manage environmental issues on commercial/industrial property. The bill will take effect on September 14, 2020 (90 days after the governor’s signature).
What issue does H.B. 168 address?
The cost to clean up historical contamination at commercial/industrial properties has
Federal, Ohio, and State Developments on PFAS Regulation
Five Common Mistakes When Purchasing Potentially Contaminated Property
Many businesses or developers are intimidated about purchasing property former industrial or commercial property that may be contaminated. The fear of the unknown can be the biggest deterrent to considering properties that may be contaminated. Common concerns include:
- Could I be buying a potential mess, which could cost me six to seven figures to
Indiana Court Grants Bona Fide Purchaser Defense Without a Phase I
Despite its limitations, most commercial and industrial property transactions rely on the Bona Fide Purchaser Defense (BFPD) to CERCLA as the principal means of protecting new owners from environmental liability. While EPA has adopted the “All Appropriate Inquiry” (AAI Rule) to provide some clarity to the steps necessary to qualify for the defense, there is