Financing remediation by delisting and selling clean portions of affected property

It is an established fact that property owners can face significant liabilities as a result of an on-site environmental contamination problem. This paper outlines a successful, innovative remedial strategy that, in conjunction with agency negotiation, afforded a property owner minimal financial expenditure and, at the same time, facilitated property cleanup and reuse. The strategy includes the delisting and sale of “clean” portions of the property to obtain the finances necessary to remediate the remaining “impacted” portion of the property. Previous investigations performed by EPA indicate the affected area to be a five to seven acre area located in the northeast portion of the property. Since a portion of the property was affected, significant restrictions for long-term use were placed on the entire property. A summary of environmental data generated for the property was prepared and submitted to the agency. This data summary communicated a strategy which was developed to delist and sell the “clean” portion of the property and to use the proceeds to clean up the affected property. To accomplish this, several tasks were outlined, including work-plan preparation and submittal, data collection, and interim remedial activities. In addition, a risk assessment is planned to identify potential threats to receptors downgradient of the impacted areas. This strategy allows the owner of an environmentally distressed property to use financial assets of the property to facilitate an acceptable solution with both regulatory agencies and the surrounding community.     

Determination of the remediability score for remediation liability allocation among polluters

When a pollution incident occurs, there can be impact liability and/or remediation liability on the polluter. The impact liability pays for the loss of life and property due to pollution. The remediation liability is to pay for remediating the environment in accordance with applicable laws and regulations. If there is only one polluter in a pollution incident, the entire liability can be placed on the sole polluter. However, liability allocation becomes complex when there are multiple polluters. To allocate the fractional remediation liability among multiple polluters, it is important to identify the factors that determine the cost of remediation so that a just distribution of liability can be made based on the contribution of each polluting party to the factors identified. Along with factors such as “quantity of the chemical released by the polluter,” “distribution of the chemical in the environmental medium,” “persistence of the chemical in the environmental medium,” and so forth, the ease with which the chemical pollutant can be separated from the contaminated medium, which we name as “remediability,” is important in deciding the remediation liability. The “remediability” of a chemical is critical in selecting the remediation technologies to be adopted and, consequently, in deciding the cost of remediation. Determination of a remediability score (RS) for each “chemical–environment medium” pair will help in quantifying the ease with which the site can be remediated. The score is envisaged on a 0–100 scale. The higher the score, the more difficult it is to remediate the chemical in the environmental medium under consideration. The score is estimated based on a set of predetermined factors that are characteristic to the technologies available for remediation. The factors are then subjected to a Delphi process to arrive at the weights. The overall RS is determined by determining the weighted impact of the identified factors after the normalization of the magnitudes of factors.     

You Know Your Environmental Contractor Is Out of Control When…

Far too often private industry is caught in situations where they become responsible for environmental characterization and remediation projects. The processes involved in successfully completing such tasks may be foreign to the responsible industry. In such cases, an environmental contractor is hired to perform the necessary work. While many environmental contractors claim a high level of ethics and customer orientation, the very essence of their jobs should make the responsible industrial client wary. Far too often, environmental characterizations and remediations become too drawn out and costly. Far too often, environmental contractors need “just a little more data” to complete otherwise simple tasks. To guard against the phenomenon of “never-ending environmental work,” responsible industrial clients that do not have environmental expertise on their staff would do well to retain a senior level independent environmental contractor to watch out for the best interests of the responsible industry. While the hiring of a contractor to watch a contractor may seem redundant and cost inefficient, the truth of the matter is the exact opposite. By bringing in an expert in environmental characterization and remediation, the responsible industrial client essentially hires another technical employee. It is best to hire this person as a member of the company to avoid additional overhead costs. If such an “environmental guardian” cannot be hired or found, then the responsible industrial client must learn to recognize the warning signs of an environmental characterization or remediation project that is out of control and should be stopped and regrouped. These warning signs become more apparent as time goes on (and money is spent). Having an experienced independent environmental contractor “look over the shoulder” of another contractor is just good business sense. One could say that it is the “potentially responsible party's” (PRP's) right to a second opinion.     

Applying sustainable development principles to contaminated land management using the SuRF‐UK framework

In the past decade, management of historically contaminated land has largely been based on prevention of unacceptable risks to human health and the environment, to ensure a site is “fit for use.” More recently, interest has been shown in including sustainability as a decision‐making criterion. Sustainability concerns include the environmental, social, and economic consequences of risk management activities themselves, and also the opportunities for wider benefit beyond achievement of risk‐reduction goals alone. In the United Kingdom, this interest has led to the formation of a multistakeholder initiative, the UK Sustainable Remediation Forum (SuRF‐UK). This article presents a framework for assessing “sustainable remediation”; describes how it links with the relevant regulatory guidance; reviews the factors considered in sustainability; and looks at the appraisal tools that have been applied to evaluate the wider benefits and impacts of land remediation. The article also describes how the framework relates to recent international developments, including emerging European Union legislation and policy. A large part of this debate has taken place in the “grey” literature, which we review. It is proposed that a practical approach to integrating sustainability within risk‐based contaminated land management offers the possibility of a substantial step forward for the remediation industry, and a new opportunity for international consensus. © 2011 Wiley Periodicals, Inc.     

Life cycle assessment of a packaging waste recycling system in Portugal

Life Cycle Assessment (LCA) has been used to assess the environmental impacts associated with an activity or product life cycle. It has also been applied to assess the environmental performance related to waste management activities. This study analyses the packaging waste management system of a local public authority in Portugal. The operations of selective and refuse collection, sorting, recycling, landfilling and incineration of packaging waste were considered. The packaging waste management system in operation in 2010, which we called “Baseline” scenario, was compared with two hypothetical scenarios where all the packaging waste that was selectively collected in 2010 would undergo the refuse collection system and would be sent directly to incineration (called “Incineration” scenario) or to landfill (“Landfill” scenario). Overall, the results show that the “Baseline” scenario is more environmentally sound than the hypothetical scenarios.     

Innovative reuse of drinking water sludge in geo-environmental applications

In recent years, the replacement of natural raw materials with new alternative materials, which acquire an economic, energetic and environmental value, has gained increasing importance. The considerable consumption of water has favoured the increase in the number of drinking water treatment plants and, consequently, the production of drinking water sludge. This paper proposes a protocol of analyses capable of evaluating chemical characteristics of drinking water sludge from surface water treatment plants. Thereby we are able to assess their possible beneficial use for geo-environmental applications, such as the construction of barrier layers for landfill and for the formation of “bio-soils”, when mixed with the stabilized organic fraction of municipal solid waste. This paper reports the results of a study aimed at evaluating the quality and environmental aspects of reconstructed soils (“bio-soil”), which are used in much greater quantities than the usual standard, for “massive” applications in environmental actions such as the final cover of landfills. The granulometric, chemical and physical analyses of the sludge and the leaching test on the stabilized organic fraction showed the suitability of the proposed materials for reuse.The study proved that the reuse of drinking water sludge for the construction of barrier layers and the formation of “bio-soils” reduces the consumption of natural materials, the demand for landfill volumes, and offers numerous technological advantages.     

Perils of categorical thinking: “Oxic/anoxic” conceptual model in environmental remediation

Given ambient atmospheric oxygen concentrations of about 21 percent (by volume), the lower limit for reliable quantitation of dissolved oxygen concentrations in groundwater samples is in the range of 0.1–0.5 mg/L. Frameworks for assessing in situ redox condition are often applied using a simple two‐category (oxic/anoxic) model of oxygen condition. The “oxic” category defines the environmental range in which dissolved oxygen concentrations are clearly expected to impact contaminant biodegradation, either by supporting aerobic biodegradation of electron‐donor contaminants like petroleum hydrocarbons or by inhibiting anaerobic biodegradation of electron‐acceptor contaminants like chloroethenes. The tendency to label the second category “anoxic” leads to an invalid assumption that oxygen is insignificant when, in fact, the dissolved oxygen concentration is less than detection but otherwise unknown. Expressing dissolved oxygen concentrations as numbers of molecules per volume, dissolved oxygen concentrations that fall below the 0.1 mg/L field detection limit range from 1 to 10¹⁷ molecules/L. In light of recent demonstrations of substantial oxygen‐linked biodegradation of chloroethene contaminants at dissolved oxygen concentrations well below the 0.1–0.5 mg/L field detection limit, characterizing “less than detection” oxygen concentrations as “insignificant” is invalid. © 2012 Wiley Periodicals, Inc.     

Evaluation of soil-washing process for “unwashable” clays and silts from the palmerton zinc site

The Palmerton Zinc Site is a Superfund site in Palmerton, Pennsylvania. Its former mineral processing operations have contaminated nearby wells and soils with zinc and cadmium. Preliminary analysis of soil and dust sampling conducted in May 1991 has revealed that the dust poses a potential threat to human health. Based on the results of a previous study, which showed a high percentage of silt and clay in soils from Palmerton residential properties, it was concluded that soil washing is not likely to be a viable method to treat the soil and dust contamination in Palmerton. However, since the completion of this study, a soil-washing process for “unwashable” clays and silts has been developed. A residential soil sample from Palmerton, which had low concentrations of arsenic, cadmium, and lead, and a somewhat high concentration of zinc, was washed in a bench-scale version of this process. The results showed that the new soil-washing process for “unwashable” clays and silts may be a viable method to treat the soil and dust contamination in Palmerton, depending on the soil quality criteria concentrations selected for site cleanup.     

The Media Politics of Oil Spills

This paper considers the ways in which news values shape the reporting of oil spills and the constraints under which media practitioners work. A series of oil spills since the late 1960s [including the Torrey Canyon (1967), the Exxon Valdez (1989), and the Sea Empress (1996)] have attracted considerable attention from the news media. The focus is upon the dynamics through which news sources, with their own particular vested interests, compete to secure representation of the issues. Media discourse on risk and the environment is, to a significant extent, a discourse dependent upon the voices of official “experts”. Environmental organizations, industry, scientists and government offer their own particular competing accounts of the “reality” of the situation. Issues concerning differential access to the news media are crucial when considering who comes to define the event. Accordingly, the article examines the strategies adopted by the various news sources involved in influencing the symbolic representation of public issues.Media practitioners are faced with great problems in interpreting and explaining these competing claims. Relatively few journalists and broadcasters have a scientific training and perhaps one of the greatest problems is that by simplifying complex scientific information one inevitably distorts it. Frequently researchers make the assumption that it is possible to demonstrate a direct causal link between news media coverage and public attitudes. However, the paper calls for great caution in interpreting “public opinion” concerning environmental issues and concludes by arguing that news media representations may more usefully be viewed as the outcome of a battle among a selective range of news sources, each seeking to provide their own definition of the public representation of the issues.     

Off‐gas treatment carbon footprint calculator: Form and function

The quantification of greenhouse gas (GHG) emissions can be a powerful sustainability measurement indicator for assessing environmental impacts of various operations, which can include remediation of chemically impacted media or construction projects. A carbon footprint calculator was developed and is presented in this article as one tool for applying sustainable practices to environmental remediation—specifically to assess the GHG footprint for remediation projects. The calculator is constructed from a compilation of published metrics and “standards.” © 2008 Wiley Periodicals, Inc.     

Australia’s Tyranny of Distance in Oil Spill Response

In view of the quantity of oil spilled, smaller spills generally receive less attention than headline grabbing incidents such as the “Amoco Cadiz”, “Exxon Valdez”, “Braer” and “Sea Empress”. The latter incidents involve the loss of significant quantities of oil, the establishment of relatively complex spill response management structures and the involvement of significant numbers of personnel and equipment. As such, large spills from tankers have the potential to create problem areas, for example in establishing and maintaining effective communications, logistics and resource management systems.In general terms spill response personnel are well aware that large spills come complete with significant operational and administrative problems, however what may not be so well recognised is that smaller spills also have the potential to present response personnel with their own unique problems.One of the major problems to be overcome when responding to spills in Australia is the “tyranny of distance”. In quite a few responses, Australian oil spill response managers have had to move personnel and equipment thousands of kilometres to provide an effective outcome. This paper outlines a range of problems that have been encountered by Australian personnel over the years. These include health and safety, communications, logistics and equipment issues.For the purpose of this paper a “smaller” spill has been defined as one involving a discharge of less than 1000 tonnes of oil.     

Application of the operating window concept to remediation‐option selection

An Erratum has been published for this article in Remediation 14(4) 2004, 141. The selection of remediation options for the management of unacceptable risks at contaminated sites is hindered by insufficient information on their performance under different site conditions. Therefore, there is a need to define “operating windows” for individual remediation options to summarize their performance under a variety of site conditions. The concept of the “operating window” has been applied as both a performance optimization tool and decision support tool in a number of different industries. Remediation‐option operating windows could be used as decision support tools during the “options appraisal” stage of the Model Procedures (CLR 11), proposed by the Environment Agency (EA) for England and Wales, to enhance the identification of “feasible remediation options” for “relevant pollutant linkages.” The development of remediation‐option operating windows involves: 1) the determination of relationships between site conditions (“critical variables”) and option performance parameters (e.g., contaminant degradation or removal rates) and 2) the identification of upper‐ and lower‐limit values (“operational limits”) for these variables that define the ranges of site conditions over which option performance is likely to be sufficient (the “operating window”) and insufficient (the “operating wall”) for managing risk. Some research has used case study data to determine relationships between critical variables and subsurface natural attenuation (NA) process rates. Despite the various challenges associated with the approach, these studies suggest that available case study data can be used to develop operating windows for monitored natural attenuation (MNA) and, indeed, other remediation options. It is envisaged that the development of remediation‐option operating windows will encourage the application of more innovative remediation options as opposed to excavation and disposal to landfill and/or on‐site containment, which remain the most commonly employed options in many countries. © 2004 Wiley Periodicals, Inc.     

California's Low‐Threat LUFT Site Closure Policy: Looking Forward

California's regulatory agencies have historically been at the forefront of national efforts to address environmental concerns. In 2012, California's agency for addressing leaking underground fuel tanks (LUFTs) adopted a policy that identifies low‐threat conditions warranting closure of an LUFT case. That development clearly fulfills the role of risk management in the risk assessment–risk management paradigm inherent in environmental remediation. It also encourages identification of additional categories of sites and other circumstances that are “low threat” to develop similar guidance on closure to apply to those sites. ©2015 Wiley Periodicals, Inc.     

Environmental biotechnology: A bioremediation perspective

The term environmental biotechnology has a certain air of modernity when in fact it has a long history of use, if one considers the underlying principles and not the appellation. However, as part of its complex meaning, there is a dynamic new definition and purpose in this discipline with regard to bioremediation. The ability to probe the environment at the molecular level with exquisite methods, to create a new awareness of fundamental biological processes therein, has created an important new paradigm in remediation engineering design and management. Further, biological lines of evidence made extremely robust through the merger of biotechnology and environmental science are poised to be incorporated into the very fabric of site evaluation and disposition at the regulatory level. At the operational level, the field of environmental biotechnology is driven by the “omics,” the common suffix for disciplines like genomics, proteomics, and metabolomics. An introduction to these elements of the process is followed by a review of how they are being used right now in a commercial framework, with the understanding that the entire process is still in the formative stages of its vast potential. © 2005 Wiley Periodicals, Inc.     

A Critique of Estimating Future Costs Using Most Likely Value

ASTM E2137 (Standard Guide for Estimating Monetary Costs and Liability for Environmental Matters, or E2137) is the guidance for developing estimates of future environmental costs. E2137 provides a hierarchy of cost estimation approaches, and expresses an explicit preference for the use of probabilistic cost analysis to develop expected values for environmental costs. Dr. Ram and his colleagues have published an article (Remediation Journal, Autumn 2013) which rejects the use of EV analysis, arguing that while “good in principle” it has little practical value because it is nearly impossible to develop supportable probabilities. The E2137 principles and processes have been used for more than a decade in the context of addressing future environmental costs, yet their view of E2137 renders the standard meaningless. We conclude that the deficiency is not in the ASTM standard, and that when properly constructed, probabilistic analyses can be used to develop expected values with supportable probabilities. ©2015 Wiley Periodicals, Inc.     

A review of waste prevention through 3R under the concept of circular economy in China

The large waste generation has become one of the worldwide environmental problems. Circular economy has been seen as a way to tackle its urgent problems of environmental degradation and source scarcity. In recent years, under the concepts of circular economy, waste prevention through “Reduce, Reuse and Recycle” (3R) rules have attracted a broad concern in China. China has made some great achievements on waste management, and at the same time is facing many challenges. It is very necessary to share the management experiences and practices with the scholars and managers in other countries. This review covered the current situation and progress of circular economy development from the perspective of the legal regime and project practices, and the recycling practices of typical waste. The typical household wastes, including municipal solid wastes (MSW), e-waste, and end of life vehicles (ELV), were studied as the typical cases. Based on an examination of the statistical results, we also identified the potential problems and challenges for waste prevention through 3R in China. Finally, we provided some effective measures to further improve the waste management and recycling in China.     

How much heterogeneity? Flow versus area from a big data perspective

Over the past 10 years, there has been an increased recognition that matrix diffusion processes are a significant factor controlling the success of groundwater remediation. New field techniques and modeling tools have, consequently, been developed to understand how contaminants diffuse into and then out of low‐permeability (“low‐k”) zones and assess the resulting impact on groundwater quality. Matrix diffusion, in turn, is driven by one key factor: geologic heterogeneity. The importance of heterogeneity is being emphasized in the groundwater field by general rules of thumb such as “90% of the mass flux occurs in 10%‐20% of the cross‐sectional area” and conceptual models that show most of the groundwater flow occurs through the aquifer's “mobile porosity” which just a small fraction of commonly used effective porosity values (between 0.02 and 0.10 for mobile porosity vs. 0.25 for effective porosity). For this study, 141 boring logs from 43 groundwater remediation sites were evaluated to develop an empirically based estimate of the groundwater flow versus aquifer cross‐sectional area to confirm or reject the general flow versus area rules of thumb. This study indicated that at these 43 sites, an average of 30% of the cross‐sectional area carried 90% of the groundwater flow. Our flow‐only analysis does provide moderate (but not confirmatory) support for the “mobile porosity” concept with an estimated representative mobile porosity value of about 0.11 at the 43 sites.     

Improving decision quality: Making the case for adopting next‐generation site characterization practices

Better site characterization is critical for cheaper, faster, and more effective cleanup. This fact is especially true as cleanup decisions increasingly include site redevelopment and reuse considerations. However, established attitudes about what constitutes “data quality” create many barriers to exciting new tools capable of achieving better characterization, slowing their dissemination into the mainstream. Traditional approaches to environmental “data quality” rest on simplifying assumptions that are rarely acknowledged by the environmental community. Data quality assessments focus on the quality of the analysis, while seldom asking what impact matrix heterogeneity has had on analytical results. Assessments of data quality typically assume that chemical contaminants are distributed nearly homogeneously throughout environmental matrices and that contaminant‐matrix interactions are well behaved during analysis. Yet, these assumptions seldom hold true for real‐world matrices and contaminants at scales relevant to accurate risk assessment and efficient remedial design. For the site cleanup industry to continue technical advancement, over‐simplified paradigms must give way to next‐generation models that are built on current scientific understanding. If reuse programs such as Brownfields are to thrive, the scientific defensibility of individual projects must be maintained at the same time as characterization and cleanup costs are lowered. The U.S. Environmental Protection Agency (EPA) offers the Triad Approach as an alternative paradigm to foster highly defensible, yet extremely cost‐effective reuse decisions. © 2003 Wiley Periodicals, Inc.     

Enhanced attenuation: Its place in the remediation of chlorinated solvents

The development and regulatory acceptance of monitored natural attenuation (MNA) as a remedial strategy has forever changed the field of environmental cleanup. MNA is continuing to develop but it is challenged by a lack of a clear definition for the appropriate application of the MNA strategy. This challenge has resulted in the lack of a significant record of restoration and site closure. Environmental professionals face challenges in providing guidance that addresses how to manage these sites when technologies, performance monitoring, and even environmental conditions are subject to further development, refinement, and/or altered perspectives. As our experience and institutional knowledge grows around the implementation of MNA, we have the opportunity to develop “second‐generation” management tools and procedures for optimizing sites utilizing MNA as a part of a comprehensive site management plan. This opportunity is the focus of the Enhanced Attenuation: Chlorinated Organics (EACO) Team of the Interstate Technology Regulatory Council (ITRC). The development of the “second‐generation” tools/procedures has included defining EA and evaluating, through the use of a national survey of state regulators, the experience with MNA and interest in EA. The results of these two efforts formed the basis for developing a framework that provides a “bridge” from active treatment to MNA. © 2007 Wiley Periodicals, Inc.     

Facilitating brownfields transactions using Triad and environmental insurance

A significant hindrance to reuse of brownfields properties is the risk associated with redevelopment,specifically the uncertainty associated with environmental cleanup. This article explores an approach tomanaging environmental risk through a combination of risk quantification, environmental insurance, and theTriad Approach to site sampling and data interpretation. The expected costs of environmental liabilities areestimated using the Marsh Peer ReviewSM risk quantification process that employs statistical techniques andhighly experienced technical staff. The outputs of the process indicate premiums and attachment points forinsurance products, but they also point to “critical uncertainties” that drive the insurancepremiums. Insurance premiums are often linked to site delineation deficiencies, such as the magnitude ofimpacted soil or the size of a groundwater plume. The Triad Approach is an integrated site characterizationprocess developed by the Environmental Protection Agency that combines systematic planning, dynamic or adaptivefield decision making and field analytical methods (FAMs). The real‐time data produced by FAMsallow for in‐field resolution of uncertainty about sample location, which in turn provides morerepresentative delineation of contaminant distribution. The trade‐off of using slightly less accuratebut substantially lower cost FAMs is an increase in sampling frequency or density, thereby reducing the risk ofincomplete detection or delineation while yielding a “data set” that is more powerful than fewerindividual data points analyzed through traditional methods. Employing the Triad Approach to analyze the“critical uncertainties” identified in the Peer Review Process can impact insurance premiums andallow for better terms of coverage. The combination of using the Triad Approach and environmental insuranceproducts can lead to more predictable and profitable Brownfield transactions. © 2003 Wiley Peridicals,Inc.