Contaminated Sites and Long-Term Stewardship: Meeting Obligations for Residual Contamination

Potential LTS obligations often flow from residual contamination. These obligations frequently center on the vapor intrusion (VI) pathway. VI is the migration of vapor-forming chemicals from any subsurface source into an overlying building. This evolving inhalation "pathway" presents significant challenges and complicates environmental remediation for Brownfield development projects, real estate transactions, and management of commercial/industrial real estate portfolios.

The U.S. EPA's national Institutional Control (IC) Policy provides important guidance for investigation and remediation, and ultimately closing, contaminated sites. The IC Policy outlines an approach to help meet potential LTS obligations for managing residual risk and achieve site closure.

LTS is an increasing part of cleanup programs to get contaminated properties ready for beneficial reuse. Ongoing monitoring and maintenance (especially for the VI pathway) are needed to ensure continued protection of human health and the environment. Environmental counsel to companies must understand the legal risks from the contaminated sites, when and how to implement LTS, what needs to be done to ensure LTS obligations are met, and the new LTS tools and technologies available to tailor a site-specific approach.

Listen as our panel of experts examines LTS and what that includes from a monitoring plan to reporting requirements. The panel will discuss the viability of remedies and management of ongoing and future risks at contaminated sites and change of ownership issues arising when contaminated property exchanges hands. The panel will offer best practices for implementing, maintaining, and enforcing an LTS plan.

1. LTS
   1. Threshold criteria
   2. Controls
   3. Monitoring plan
   4. Recording keeping, reporting requirements
2. Mitigation remedies
3. Management of ongoing risks
4. Change of ownership and other key considerations

The panel will review these and other key questions:

• What factors should counsel consider when determining which LTS tools are to be implemented?
• What steps can counsel recommend to ensure LTS measures are effective and meet current compliance requirements?
• What framework does the EPA guidance provide to ensure the requirements for implementing LTS are met?