Replay available from our video archive

A Comprehensive Seminar on the 33rd Anniversary of the

Model Toxics Control Act

New policy guidance, rulemakings, grant programs, chemicals of concern and other developments for environmental risk and liability management

Presented on December 7, 2023

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Program Overview

Who Should Order

Attorneys, land use and environmental professionals, corporate managers, planners, engineers, architects, city and county officials, real estate professionals and anyone involved with developing contaminated property

Why You will Benefit from the Replay

This year, the Department of Ecology culminated a multi-year rulemaking process by issuing the first major updates to the contaminated site cleanup regulations, Chapter 173-340 WAC, in over 20 years. The changes range from minor technical corrections to new decision-making criteria and procedural requirements that will likely result in material changes to how cleanups are conducted. You will hear from Clint Stanovsky, Ecology's Cleanup Rulemaking Lead, on the changes to site discovery, investigation, remedy selection, and cleanup processes. During the rulemaking process, Ecology engaged in extensive discussions with stakeholder groups and Tribes. You also will hear Tribal and potentially responsible party perspectives on the new rules.

Additional rulemaking work is on the agency's agenda for cleanup standards. Kris Grinnell, Ecology's Policy Section Manager will bring you up to date on the agency's plans for that rulemaking and its general policy priorities.

You also will hear guidance updates focusing on New Phase 1 ASTM Standards, vapor intrusion, and the use of Silica Gel for cleaning up petroleum contamination. PFAS contamination of drinking water and other resources is a growing concern and we will close out the program with an update on litigation against PFAS manufacturers and users as potentially responsible parties.

Recent years have brought increasing pressure for more affordable housing and a resulting need for government entities to encourage reuse of contaminated properties in a way that protects human health and the environment, while also promoting sustainability and environmental justice. One of the highlights of our 2023 biennial seminar on the Model Toxics Control Act (MTCA) will be a panel on the Department of Ecology's Affordable Housing Cleanup Grant Program and other resources to support brownfield redevelopment.

Over the course of the program, you will have an opportunity to hear from a faculty with wide-ranging experience in public, private and non-profit sectors and having expertise in a wide variety of technical, legal, and transactional areas. We hope you will join us and look forward to your participation, either in the room or remotely via an interactive live broadcast.

Register soon to reserve your virtual seat!

~ Ken Lederman, Esq. of McCullough Hill Leary and Josh M. Lipsky, Esq. of Cascadia Law Group, Program Co-Chairs

What You Will Learn

  • Update from Toxics Cleanup Program leadership
  • MTCA Rulemaking technical updates
  • MTCA Rulemaking implementation Issues
  • New Phase 1 ASTM Standards guidance
  • New Vapor intrusion guidance
  • New Silica Gel use guidance
  • Affordable Housing and other grants programs
  • PFAS contamination litigation update

What Participants Said

  • Enjoyed the conference.
  • You did a great job pulling this all together for us!
  • "Well organized and Informative!"
  • "Excellent and very applicable materials and presenters! I'll be using and sharing info with colleagues and clients. Thank you!"

Thursday, December 7, 2023

9:00 am

Introduction & Overview

Ken Lederman, Esq. , Program Co-Chair
McCullough Hill Leary / Seattle, WA

Josh M. Lipsky, Esq. , Program Co-Chair
Cascadia Law Group / Seattle, WA

9:15 am

Update from Toxics Cleanup Program Leadership

Agency program implementation priorities; items coming up next on Ecology's rulemaking agenda

Kristopher M. Grinnell, MPA , Policy Section Manager
Washington State Department of Ecology / Lacey, WA

9:45 am

Recently Completed MTCA Rulemaking: Overview for Practitioners

Release reporting; initial investigation; site hazard assessment and ranking (new SHARP tool); site listing; remedial investigation and cleanup action selection; sampling and analytical methods; and underground storage tank issues

Clinton Stanovsky, MS, MPA , Cleanup Rulemaking Lead
Washington State Department of Ecology / Olympia, WA

Michael Feldcamp, Esq. , Senior Policy Analyst
Washington State Department of Ecology / Lacey, WA

10:45 am

Break

11:00 am

Recently Completed MTCA Rulemaking (cont'd)

Compliance challenges from a responsible party perspective

Ken Lederman, Esq. , Program Co-Chair
McCullough Hill Leary / Seattle, WA

Josh M. Lipsky, Esq. , Program Co-Chair
Cascadia Law Group / Seattle, WA

Public participation and the need for Tribal engagement; Cultural Resource protection issues; Tribal NRD trustee perspective interplay with Natural Resource Damages claims

Connie Sue M. Martin, Esq.
Schwabe Williamson & Wyatt / Seattle, WA

12:15 pm

Lunch (On Your Own)

1:30 pm

Guidance Updates

New Phase 1 ASTM Standards and purchaser due diligence obligations/responsibilities under the new standards

Tina M. Huff, REPA. , Principal Regulatory Specialist
Farallon Consulting / Issaquah, WA

John J. Houlihan, Jr., Esq.
Houlihan Law / Seattle, WA

Vapor Intrusion: Regulatory update on vapor intrusion guidance; assessment tips

Suzanne Stumpf, P.E. , Principal Design Engineer
Farallon Consulting / Seattle, WA

Clare Tochilin , Senior Geologist
SoundEarth Strategies / Seattle, WA

Overview of new guidance on the use of Silica Gel for cleaning up petroleum contaminated sites

Gabriel Cisneros , Associate Principal
Floyd/Snider / Seattle, WA

Andrew S. Kallus, LG , Senior Toxicologist
Washington State Department of Ecology / Lacey, WA

3:15 pm

Break

3:30 pm

Community Investment: Overview of Affordable Housing Cleanup Grant Program and Other Brownfield Program Resources

Overview of Ecology's Affordable Housing Cleanup Grant Program and other resources to support brownfield redevelopment

David Cook, LG, CPG , Principal Geologist
Aspect Consulting / Seattle, WA

Ali Furmall, LG, LHG , Brownfields Program Lead
Washington Department of Ecology / Spokane, WA

4:15 pm

PFAS from the Litigation Perspective

Update on suits against manufacturers and users as potentially responsible parties

Daniel P. Mensher, Esq.
Keller Rohrback / Seattle, WA

5:00 pm

Evaluations & Adjourn

Faculty Bios

Ken Lederman, Ken Lederman, Program Co-Chair, is a partner at McCullough Hill Leary. He is a contaminated property specialist who provides counseling and litigation support on environmental issues in property ownership, transactions (purchase, sale, or financing) and redevelopment. A former Assistant Attorney General for the Washington State Department of Ecology, he has successfully facilitated the negotiation, remediation, and redevelopment of hundreds of contaminated properties throughout the Northwest.

Josh M. Lipsky, Josh M. Lipsky, Program Co-Chair, is a partner at Cascadia Law Group. He represents major industrial clients, commercial and real estate businesses of all sizes, and local municipalities and focuses on hazardous waste cleanup and liability, including representing clients at Northwest Superfund sites, in contaminated property transactions and in cost recovery disputes.

Gabriel Cisneros Gabriel Cisneros is an Associate Principal and Senior Geologist at Floyd/Snider. He has extensive experience with MTCA as applied to upland soil, groundwater, and soil vapor. He has held key positions on projects involving multiple PLPs, litigation and cost recovery, and large-scale redevelopment, including Port of Longview, Rio Tinto's Holden Mine Site, Cascadia Law Group projects, and various Vulcan redevelopment projects in Seattle.

David Cook, LG, CPG, David Cook, LG, CPG, is Principal Geologist and Owner of Aspect Consulting where he focuses on urban brownfields redevelopment, site acquisition, remedial cost estimation, cleanup, and environmental strategy. He also is an Affiliate Professor in the School of Earth and Sustainability at Northern Arizona University.

Michael Feldcamp Michael Feldcamp is a Senior Policy Analyst at the Washington State Department of Ecology.

Ali Furmall, LG, LHG, Ali Furmall, LG, LHG, is the Small and Rural Communities Specialist for the Brownfields Program at the Washington State Department of Ecology, where she has developed a program focused on promoting brownfields redevelopment to small communities. She also provides technical assistance for projects receiving brownfields funding from Ecology and Commerce.

Kristopher M. Grinnell is t he Policy Section Manager for Washington State Department of Ecology.

John J. Houlihan, Jr., John J. Houlihan, Jr., Houlihan Law, focuses on environmental, commercial real estate, land use, and general business law and serves as general counsel for several Seattle real estate holding companies. His environmental law experience includes all aspects of contaminated real property including compliance, investigation / remediation, cost recovery and insurance coverage.

Tina M. Huff is a P Tina M. Huff is a P rincipal Regulatory Specialist at Farallon Consulting and manages the firm's due diligence team. She also is a highly active member of organizations such as the ASTM International Committee on Environmental Assessment, Risk Management, California Mortgage Bankers Association, American Railway Development Association, and Corrective Action and the Environmental Bankers Association.

Andrew S. Kallus is Andrew S. Kallus is a Senior Toxicologist at the Washington State Department of Ecology. He provides human health toxicology and risk assessment support to the MTCA program and also maintains TCPs Cleanup Levels and Risk Calculations (CLARC) database and associated guidance.

Connie Sue M. Martin Connie Sue M. Martin is a shareholder at Schwabe Williamson & Wyatt and helps Indian Tribes and companies address environmental contamination and restore injured natural resources. She is one of the country's most experienced practitioners of environmental Native American law, with over 20 years of experience representing Tribes.

Daniel P. Mensher Daniel P. Mensher practices is Keller Rohrback's nationally recognized Complex Litigation Group with a focus on environmental cases and representing government entities in important litigation. Before joining the firm, he was an environmental law professor at Lewis & Clark Law School in Portland, Oregon, where he also litigated cases involving toxic waste, water pollution, and natural resource management.

Clinton Stanovsky is a Reg Clinton Stanovsky is a Reg ulatory Analyst in the Policy and Technical Support Unit of Ecology's Toxics Cleanup Program. He led Ecology's exploratory rulemaking process for MTCA updates in 2018, and the first phase of formal amendments to the MTCA Cleanup Regulations which were adopted in August, 2023.

Suzanne Stumpf is a Suzanne Stumpf is a Principal Design Engineer at Farallon Consulting. Her experience includes remedial investigation/feasibility study analysis, site characterization, vapor intrusion analysis, remedial system design and implementation, operation and maintenance of remedial systems, and coordination of large soil excavation projects.

Clare Tochilin Clare Tochilin is a Senior Geologist at SoundEarth Strategies. Her primary areas of experience include environmental subsurface investigations, remedial excavation and drilling oversight, aquifer testing and analysis, groundwater monitoring, and technical report writing.

Continuing Education Credits

Live credits: This program qualifies for 6.00 Washington MCLE, 6.00 AICP land use planner, and 6.00 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

I appreciate LSI's seamless segue from registration, an informative seminar, to end result.

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