VAP Environmental Covenant Guidance 2015 CP Coffee - July 14, 2015 Sue Kroeger, Ohio EPA Legal Office

VAP EC Guidance Completed since April 2015 CP Coffee Expanded –More explanation –Adjusted for 2014 rules –Added activity and use limitation (“AUL”) examples 2015 highlights

EC Guidance Highlights Does the NFA letter rely on AULs? Yes, if site does not meet: – residential standards to 10+ feet – potable use standards – vapor intrusion standards for reasonably anticipated use Need an EC to establish AULs

EC guidance highlights Need for legal description and survey Added example AUL language – Land use – Ground water – Building occupancy

Land use AULs Commercial or industrial – Updated definitions – Included “edit as appropriate” prompts Express allowable site uses (as examples) Current or anticipated “Restricted residential”

Restricted residential Residential standards met at modified POC – a common basis “Central management entity” – CME oversight of site - to prevent exposure to COCs below POC – CME duties in O&M plan EC reference to CME

Restricted residential Example 1: Property shall not be used for [X]. It may be used for [permissible land use defined.] Example 2: Property shall not be used for [X]. The property is limited to [allowable land use defined.] X = fee simple single-family homes and duplexes

Ground water AULs Expanded examples: – Prohibition on potable use – Use of non-potable ground water – Separate restriction of ground water zones See April 2015 CP Coffee presentation

Building occupancy AUL Before occupancy…Owner will need to either: (1) Install VI remedy – Develop O&M plan – Enter O&M agreement w/ Ohio EPA – Receive Director-amended CNS (2) Demonstrate no (more) remedy needed And: CP documents approach meets standards per VAP rules

Building occupancy AUL AUL will obligate owner to conduct a future remedy or demonstration Risk of voiding CNS per ORC Non-AUL way to achieve compliance?

Roles CP: – Counsel on alternate remedy options – Determine appropriate AUL language Volunteer and owner: – Involve legal counsel to develop their proposed EC – Provide final draft EC to CP for NFA letter – Finalize EC with Ohio EPA

2015 VAP EC guidance 2015 guidance is (to be) posted on website Questions?