IDEM Withdraws Proposal to Promulgate Remediation Rules but Moves Ahead with RISC Non-Rule Policy Revisions
On May 12, 2010, the Indiana Department of Environmental Management (“IDEM”) published a notice in the Indiana Register announcing the agency’s withdrawal of a proposal to write rules concerning environmental assessment, cleanup, and closure of contaminated environmental media (“Remediation Rules”). The IDEM first solicited comments on the development of the Remediation Rules in a June 11, 2008 announcement (LSA Document #08-422). The IDEM indicated that several provisions of House Enrolled Act 1162 (Public Law 78-2009) directly affected the proposed rulemaking and made moving forward with the development of the Remediation Rules impossible at this time. However, the IDEM may reinitiate the development of the Remediation Rules once the ongoing revisions to the Risk Integrated System of Closure (“RISC”) Technical Guide nonrule policy document (“Tech Guide”) are complete. The public notice withdrawing the proposal to develop the Remediation rules is available athttp://www.in.gov/legislative/iac/irtoc.htm?id=1.2&hdate=20100512
Despite the withdrawal of the proposal to develop the Remediation Rules, the IDEM continues to work on significant revisions of the RISC Tech Guide to incorporate the following changes: (1) implement HEA 1162; (2) update risk assessment methodology; (3) incorporate vapor intrusion and recreational exposure scenario guidance; (4) incorporate a “weight of evidence” approach to site-specific risk assessments; and (5) generally streamline and clarify the guidance. The IDEM is currently conducting focused workgroups, scheduled to be completed by July 2010, on several key issues including background and offsite sources, site characterization, vapor intrusion, and wellhead protection areas. The IDEM hopes to release a draft of the revised RISC Tech Guide by the end of 2010.