By Nick Gahl, Gahl Legal Group
The Indiana Department of Environmental Management (IDEM) is looking to replace its current Remediation Closure Guide (RCG). The technical document that has governed and guided investigation, remediation, and closure objectives for the last eight years will be replaced by the “Risk-Based Closure Guide.” While an exact date is unknown, a preliminary draft of the new technical guidance – nicknamed “R2” – has been circulated throughout the environmental industry to consultants, counsel and contractors for feedback. IDEM is currently reviewing the submitted comments in order to then publish another draft for additional public input.
As explained in the introduction, “the emphasis throughout the R2 is on achieving ends – adequate characterization, an appropriate evaluation of risk and, where necessary, control of risk through selection and implementation of a remedy – rather than dictating specific procedures for doing those things.” IDEM appears to be allowing greater consultant discretion, “The IDEM recognizes that there are many possible ways to investigate releases and evaluate and control risk, and that approaches different than those described herein may be just as or more appropriate in some situations. Responsible parties are free to propose methods that do not appear in the R2, and IDEM will evaluate proposals to use alternate approaches on their merits.”
Click here to read IDEM’s announcement. More opportunities to comment and participate in workgroups are still to come.
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