HAPPY HALLOWEEN 2015 CERTIFIED PROFESSIONAL ANNUAL TRAINING Sue Kroeger and Sue Netzly-Watkins, Ohio EPA Opening the covenant crypt…

VAPOR INTRUSION REMEDIES REMEMBERED Don’t be haunted by what’s in the Environmental Covenant!

CNS ISSUED- FORGETTING SOMETHING?  Activity and use limitation for the VI pathway AUL

VAPOR INTRUSION(VI) “TOTAL RECALL”  VI risk identified for current or reasonably anticipated uses  Remedy needed if the VI risk exceeded applicable standards

WHICH REMEDY OPTION  Active remedy completed? Source removed Verified that VI pathway not an issue to on or off property receptors

VAPOR RISK REMOVED?  If so, done!!  NFA letter issued w/o further VI remedy

ACTIVE REMEDY NOT TAKEN?  Could not reach source due to buildings or other site features  Cost  Development unknown

ACTIVITY & USE LIMITATION?  If the NFA letter didn’t demonstrate future buildings complies with VI standards  Assess VI risk once development becomes known

‘VI PATHWAY AUL’  Limitation on building occupancy – remedy or demonstration obligation  Occupancy may occur after: Engineering control installed and made subject to O&M plan and agreement or Demonstration by CP that no (more) remedy is needed to meet the standards

TIME FOR NEW BUILDING?  Which AUL option fits? Active remedy? Engineering control?

WHICH-WITCH TO CHOOSE? *DEPENDS ON SITE* Ready – Fly Away Wait – Fatten Up

CP DEMO ‘READY TO FLY’  After CNS, a new building is planned  Assessment (active remedy, if needed) supports that VI standards are met without any controls  CP makes demonstration

 Newer CNS with O&M Agreement already in place? SWAP OUT PARTS  Newer CNS without Agreement? CONSTRUCT  Older CNS or older Agreement? REBUILD O&M TO CREATE?

TRACK “A” AGREEMENT EXISTS?  AUL prohibits building occupancy until… engineering controls are under O&M plan and agreement  Does Agreement allow Volunteer to change plan - without change to agreement?

TRACK “B” AGREEMENT BREWING?  O&M plan just wasn’t needed for NFA letter (AUL used)  So…with future building, brew up O&M plan and agreement  Execute agreement, amend CNS

 Older O&M agreements do not allow for Volunteer’s major change to O&M plan without others’ permission  Options exist for those wanting to account for new remedies CATCH ALL

 CPs can help volunteers and owners understand the AUL obligations – and not void their CNS!  Avoid ‘the chase’ to demonstrate an engineering control is effective or to develop O&M documents DON’T LOSE YOUR HEAD OR YOUR CNS

 Site in Cincinnati (2014 CNS)  Active remedy  Pavement barrier and first building’s VI system – O&M plan and agreement  VI pathway for future buildings – AUL GO! EXAMPLE - TRACK A  2014 O&M Agreement, para. 16: submit modifications to the O&M plan in writing to Ohio EPA – effective upon approval

 2015, Volunteer’s consultant contacted Ohio EPA about new building and controls under way. STOP!  CP confirmed effective controls, modified O&M plan EXAMPLE - TRACK A  Ohio EPA commented; CP submitted final O&M plan  VAP manager’s letter approved new plan to replace 2014 plan  Grand opening!

 2014 CNS issued with EC with VI pathway AUL (no building yet) GO!  Later that year…development’s first building was ready to open for business, but did not yet complete AUL obligations. STOP! STATE ROAD - TRACK B  Volunteer contacted CP, who coordinated with Ohio EPA on approach  CP drafted O&M plan and proposed agreement, and submitted certification of effective VI controls.

 Ohio EPA reviewed, commented  O&M plan and agreement established under amended CNS (later recorded)  Grand opening! STATE ROAD - TRACK B  TRACK B – SUE K.

THE END Questions?