This Alert further updates you on recent developments regarding
the Indiana Department of Environmental Management's draft
Remediation Closure Guide (RCG). Comments on the draft RCG
are now due Wednesday, July 20, 2011. Those involved in
environmental remediation projects in Indiana need to submit
comments before this deadline so your views will be heard. The RCG
has been in development for years and will usher in significant
changes for years to come for all of Indiana's remediation
programs. (IDEM's extension of this comment period can be
viewed and downloaded at: http://www.in.gov/idem/4694.htm).
There have been two other important developments since our May 6,
2011 Alert. First, on May 19, Barnes & Thornburg LLP hosted a
Remediation Closure Summit focused exclusively on the RCG. We had
nearly 70 attendees in Indianapolis and approximately 30 other
participants viewing the Closure Summit via live videoconference in
our South Bend, Chicago, Minneapolis, and Columbus offices. The
Closure Summit featured a panel of environmental professionals
discussing some of the most significant changes introduced in the
draft RCG. In particular, the panel highlighted changes in the
following three key areas that could substantially increase your
costs and time to achieve closure: plume stability, screening
levels (previously referred to as "closure levels"), and
vapor intrusion. Each of these areas will require close scrutiny
and significant time to prepare comments. As we have in the past,
Barnes & Thornburg LLP is gathering a group of key stakeholders
to collectively work on and fund comments. Please stay tuned for
additional information about how to join these efforts.
Second, on May 25, IDEM presented the RCG to the regulated
community at its quarterly "Consultant's Day" meeting
in Indianapolis. If you were not able to participate, you may view
the recording of IDEM's presentations and the follow up
question and answer session at: http://www.webinar.in.gov/p37821657/.
Please note that during this meeting, senior IDEM management
announced that the draft Remediation Program Guide (the companion
to the RCG) is still under development and will be released in
draft later this summer. The Program Guide will replace the
existing Risk-Integrated System of Closure (RISC) User's Guide
and will present, among other things, IDEM's new transition
policy applicable to the RCG. Like the RCG, the Program Guide will
also be available for public comment and we encourage you to also
carefully study the Program Guide and provide IDEM comments.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.