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Resource Conservation

Cleanup Regulations
     TechLaw has expertise with environmental regulations and can assist a client with decision-making in regards to the technical cleanup approach at a site. We are familiar with a variety of industry sectors—including the manufacturing, service, and mining industries—and therefore, understand the types of hazardous wastes that may have been produced and the regulations governing the cleanup of these wastes. Before expending funds on a cleanup, it is necessary to determine if on-site contamination exceeds allowable levels. TechLaw conducts regulatory research and uses analytical data to develop, identify, and evaluate Applicable or Relevant and Appropriate Requirements (ARARs). These evaluations impact on the cost of remediation, as ARARs provide a measure of the maximum levels of contaminants acceptable for the site. Different ARARs include significant variability in levels of remedial activity, which directly affects the costs of such activity. Many Brownfields sites are using risk-based cleanups; TechLaw’s risk assessors can assist with evaluating whether a risk-based cleanup is the best approach for a particular site.

Liability Regulations
     TechLaw has conducted expansive environmental liability research. We review the facts regarding the known site, conduct additional research, and determine the potential liability for a developer or other stakeholder. We also conduct research to identify other potentially responsible parties that can be brought to the table. TechLaw has prepared over a 1,000 liability analysis reports that identify parties potentially responsible for environmental contamination under statutes and case law.
Projects

Environmental Compliance Assessment System (ECAS)

Under the U.S. Army Corps of Engineers’ (USACE) ECAS program, TechLaw has provided multimedia environmental compliance assessments at active federal facilities. These assessments involve a regulatory review of all state and local regulations within 22 separate environmental areas to determine whether they are more stringent than federal requirements. The environmental areas assessed under the ECAS program include CAA; CWA; Safe Drinking Water Act (SDWA); RCRA-Subtitle C; RCRA-Subtitle D; RCRA-Subtitle I and Petroleum, Oils, and Lubricants (POL) Management; CERCLA; Toxic Substances Control Act (TSCA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); National Historic Preservation Act (NHPA) and Cultural Resources; Endangered Species Act (ESA) and Natural Resources; National Environmental Policy Act (NEPA); Asbestos Management Program; Noise Abatement Program; Radon Abatement Program; Environmental Program Management; Hazardous Materials Management (HAZMAT); and Pollution Prevention.
PCB Cleanup
TechLaw compiled ARARs for EPA Region 2 for the Hudson River PCBs site. This work required the research and identification of federal and New York State statutes and regulations concerning contamination levels in water and river sediments, navigable waters of the United States, recreational use of the rivers of New York, drinking water, and disposal of contaminated media.
Liability Analysis Experience
Since 1983, as either a prime contractor or subcontractor on 16 EPA Technical Enforcement Support contracts and 10 USACE District contracts, TechLaw has performed investigations at more than 1,000 hazardous waste sites. These investigations have documented the involvement of parties potentially responsible for the costs of environmental cleanup, both in terms of assessing potential liability and allocating potential responsibility. TechLaw analyzes CERCLA, RCRA, and state statutory provisions and relevant case law to evaluate liability. TechLaw’s experience includes evaluating the appropriateness of costs and remedial activities under the National Contingency Plan regulations.
 
Environmental Regulation Experience
TechLaw has conducted over 325 RCRA corrective action oversight and CERCLA remedial oversight projects over 20 years. We have provided review of technical documents, hydrogeological and geological analysis, and/or field oversight support for all aspects of the remedial process, from the review of sampling and analysis plans through 5-year reviews, including QA/QC documents, work plans, remedial design actions, risk assessments, and public outreach materials. TechLaw supports EPA CERCLA and RCRA oversight activities at private and federal facilities; remedial and corrective action technical and field support (RI/FS, RD/RA, RFA, RFI, etc.); sampling, analysis, and data management activities; human health and ecological risk assessment; litigation/negotiation support; and Munitions and Explosives support. This work involves ensuring that the remedial work is being conducted in conformance with all applicable regulations.

 
     
     
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