“Who Moved My Cheese?” The Mystery of the MPCA’s Disappearing Guidance Solved
November 13, 2012 Several professional colleagues of mine recently noticed that the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) Section’s guidance documents had been removed from the MPCA’s website. See http://www.pca.state.mn.us/index.php/waste/waste-and-cleanup/cleanup-programs-and-topics/cleanup-programs/voluntary-investigation-and-cleanup-vic/voluntary-investigation-and-cleanup-vic-program.html There was no explanation for the missing documents, so I inquired of Hans Neve of the MPCA’s VIC Program as to the status.
Hans Neve returned my call promptly and explained that in reviewing the MPCA’s VIC Program Guidance MPCA staff noted that most of the documents were 10 to 15 years old and that many provisions were no longer current or up to date. Hans explained that a portion of the new Voluntary Remediation Program application form that appears on the website specifies that a Phase I Environmental Site Assessment must confirm with the All Appropriate Inquiry standard. Hans indicated that the Phase II guidance was retained for now even though portions of the document are outdated.
Finally, Hans indicated that he will be reviewing new guidance for Response Action Plans (RAPs) which will be added to the MPCA website some time in the future. Hans indicated that the RAP Guidance will consist of a description of Response Action Plans, Soil Construction Management Response Action Plans and Construction Contingency Plans. Stay tuned for further details.
Joseph Maternowski is an environmental lawyer based in Minneapolis, Minnesota who tracks developments in environmental law. Joe regularly advises clients on all aspects of environmental law, including the remediation of contaminated property. Joe helps clients obtain liability assurances that may be available for sites with releases of hazardous substances or petroleum products.
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