The following post is provided by our guest author, Graham Crockford from TRC Environmental Corporation. Graham can be reached at email@example.com.
Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to describe the August 1, 2014 Ohio EPA rules for the VAP program and how these rules intend to clarify certain ambiguities regarding investigation and remedial coverage relative to on and off-property areas. Although requirements for certain situations have been made explicit, some ambiguities remain that are subject to interpretation by Certified Professionals (CPs) and Ohio EPA. The new rules streamline the No Further Action (NFA) submittal process and a Covenant Not to Sue (CNS) is issued following an Ohio EPA administrative review and finalization of remedy documents. Complete technical review of the NFA by Ohio EPA does not occur until the post-CNS audit stage, where agency findings may result in further action being required to avoid revocation of the CNS. Obtaining VAP technical assistance from Ohio EPA prior to NFA submittal is recommended to resolve potentially ambiguous issues prior to them being identified by Ohio EPA during the audit process. Continue reading this entry