March Luncheon by linxiaoqin


 Colorado Hazardous Waste Management Society, Inc. Monthly Newsletter                                  March 2011

                                                    March Luncheon
Topic: Site specific evaluation of various oxidizing compounds for destruction of BTEX and TPH-G (GRO)

Speakers: Jesse Taylor, Remington Technologies, and
        John Gould, Remediation Section, Division of Oil &Public Safety, Colorado Dept. of Labor & Employment

Date/Time: March 8, 2011, 11:30am – 1:00pm

     [Type a injection of remedial materials summary of an interesting to chemically, biologically or thermally degrade
Topic: The quote from the document or theinto the subsurface, in orderpoint. You can position the text box anywhere
     in the document. Use the phase compounds to change the formatting of the significantly over the
dissolved phase and adsorbed Text Box Tools tabof concern (CoCs) has increased pull quote text box.] past few years.
This presentation focuses on the in-situ degradation of BTEX and TPH-G (GRO) compounds using chemical oxidation.
         In-situ chemical oxidation (ISCO) is a developing technology for BTEX destruction. Numerous oxidizing
compounds are available that have been used with widely variable results. To determine which compound or mixture of
compounds might provide the most cost effective means to effectively oxidize contaminants in the subsurface at a
particular site, several of these oxidants are compared side by side using simple bench scale testing procedures. These
data and costs are subsequently reviewed in an attempt to determine the most cost effective compounds, given the
admittedly ideal laboratory conditions.

       John R. Gould is an Environmental Protection Specialist with the Remediation Section of the State of Colorado’s
Division of Oil and Public Safety (OPS); he has worked at the Division since 2001. Mr. Gould earned a B.S. in
Geophysics and an M.S. in Geology from the University of Colorado.
       Jesse Taylor, of Remington Technologies, LLC, has been a practicing geologist since 1978. He has a BS in
Geology from the University of Georgia, an MBA from the University of Colorado and has completed a post-graduate
program in environmental geosciences at the Colorado School of Mines.

Location: The EPA Conference Center located on the 2nd floor of the new EPA Region 8 Headquarters building at
1595 Wynkoop. When entering the building, visitors will be asked by the building security guards to display valid
photo identification, pass through security machines, sign in at the lower front desk, and wear a temporary EPA
visitor badge. Please then proceed to the second floor to register with the CHWMS representative.

MEETING FORMAT: Members may either bring their own lunch and attend the meeting for no charge, or they may
request that CHWMS order a box lunch for them. The cost of the lunch for members is $12.00, for non-members,

RESERVATIONS: PLEASE give your name, company name and phone number by phone or fax (303) 674-8364 or
YOUR OWN. Reservations must be received BEFORE Friday, March 4, 2011 5:00 PM. No reservations will be
taken after this date! Payment of $12.00 for members, $15.00 for non-members will be accepted at the door. Please
cancel your reservation by Friday, March 4, 2011 if you are unable to attend. It is the policy of the Society to bill
for meals reserved but unclaimed.

NOTICE: CHWMS would like to thank EPA for the use of meeting space and would like to emphasize that the use of
EPA space does not constitute endorsement of CHWMS, sponsors of CHWMS functions, or the content of CHWMS
workshops or meetings.
    CHWMS                                                                                                         PAGE 2
From the Board: Prospective Homebuyers in Washington May Need                       2011 CHWMS Officers:
To Conduct A Phase I Environmental Site Assessment To Prevent                       President: Todd Bragdon, CDM, (720) 264-
Environmental Liability by Joshua McMahon, Esq.
        Most homebuyers would not consider performing a Phase I                     Vice-President: Patrick Scher, Environmental
                                                                                    Chemical Corp., (303) 278-7607,
Environmental Site Assessment prior to purchasing a home. However, at least
in Washington State, that could soon be required to prevent future liability
resulting from residential environmental contamination.                             Secretary: Ann Prouty, Faegre & Benson,
        In Grey v. Leach, the Washington State Court of Appeals was faced
with deciding whether the state law statutory exclusion for “innocent               Treasurer: John Jankousky, EME Solutions,
                                                                                    (303) 279-1707,
purchasers” applied to former homeowners where heating oil was released
from the residential heating system operated by them during their ownership.        Past President: Kate Fangman, Technology
The Leaches purchased the home in 1966, which included a 720-gallon                 Lab, Inc., (970) 490-1414,
underground storage tank that supplied oil to the furnace used to heat the
house. Oil from the tank flowed through supply and return lines running             Board Members:
beneath the house, and unknown to the Leaches, those lines began to leak            Gwen Campbell, US EPA, (303)312-6463,
sometime between 1971 and 1987. The Greys purchased the house from the    
Leaches in 2000, and in 2007 discovered that the lines leaked, causing soil         Joe Dischinger, Fairfield & Woods, P.C.,
contamination exceeding levels for residential use under Washington State           (303)796-2626,
law. The Greys sued the Leaches alleging claims under the Model Toxics
                                                                                    Josh McMahon, Burns, Figa & Will, (303)
Control Act (“MTCA”), among others.                                                 796-2626,
        Similar to CERCLA, the MTCA provides a defense to an “innocent
purchaser” who can establish that when the property was purchased, he or she        Gerry Murt, West Hazmat Remedial Services,
did not know and had no reason to know that a hazardous substance was               (303)373-9922,
released at the property. However, this defense does not apply when the             Joe Schieffelin, CDPHE, (303) 692-3356;
purchaser failed to undertake “all appropriate inquiries” into the previous
ownership and uses of the property or caused or contributed to the release.         Derek Wintle, CDM, (3720) 264-1149,
Here, the Court held the Leaches acknowledged that fuel oil leaked into the
ground during the time they owned the property, and as a result, they caused        Committees:
or contributed to the release. Therefore, the “innocent purchaser” exclusion        Programs & Professional Development:
did not apply.
        Extending environmental liability to residential homeowners, as done        Randy Dann, Davis Graham & Stubbs LLP,
by this Court, opens the door to future consideration of “all appropriate           (303)892-7453,
inquiries” in the residential real estate context. While the Court did not
                                                                                    Joel Johnston, Antea Group (970)292-1895,
analyze the action necessary to satisfy “all appropriate inquiries,” it is
generally accepted that performance of a Phase I Environmental Site
Assessment is required. However, it is not currently customary practice to          Derek Wintle, CDM, (3720) 264-1149,
conduct a Phase I in connection with residential real estate transactions. In
accordance with their purchase and sale agreement, the Greys had only a
home inspection completed and that inspection noted the existence of the            Kate Fangman, Technology Laboratory, Inc.
underground storage tank. The Court suggests that the purchase and sale             (970) 490-1414,
agreement should have allowed the Greys to conduct testing that could have
disclosed the leaking and contamination ultimately discovered. While this           Ann Prouty, Faegre & Benson, LLP, (303)607-
may not be at the same the level as a Phase I, the Washington Court seems to
be inching closer to such a requirement for residential real estate transactions.   Golf:
As a result, the environmental community should evaluate how best to protect        Brian LaFlamme, Nationwide Environmental
residential home buyers knowing they could be liable for environmental              Services, Inc., (303)232-2134,
contamination similar to the Leaches.                                     

                                                                                    Dave Rowland, BELFOR Environmental,
The decision in Grey v. Leach is available at        (303)425-7526,
                                                                                    Website: Juliana Reid, CHWMS, (303)674-
Joshua McMahon is an associate with Burns, Figa & Will, P.C., where he focuses on   8364,
water, property and environmental law.
  CHWMS                                                                                                                           PAGE 3

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For information on listing products and services in the CHWMS newsletter, please contact CHWMS at (303) 674-8364 or

                                       CHWMS Lunch Meeting Sponsorships
     Sponsors for a CHWMS lunch meeting are provided a table where brochures or other materials can be
     displayed. The cost to sponsor a CHWMS meeting is $30 for members and $85 for non-members. The non-
     member rate includes a one-year CHWMS individual membership. Please send your request to sponsor a
     lunch meeting to

                                                 RECRUIT AND PROFIT!!
     Recruit a NEW member for CHWMS and get a $12.00 credit voucher! For each person you persuade to join
     CHWMS, you will be issued a $12.00 voucher that you can apply to the CHWMS fee of your choice, whether
     it be a luncheon, workshop or your own membership renewal. Note that you cannot take credit for a
     member’s renewal. However, there is NO LIMIT to the number of vouchers you can accumulate. Just have
     the new member put your name on the referral portion of the Membership Application Form. And keep those
     new members coming!!
  CHWMS                                                                                       PAGE 4

                             MEMBERSHIP – RENEWALS AND NEW
      A big thank you to all those members who renewed, and a big welcome to our newest members!

Craig Carter, Walsh Environmental
Asimakis P. Iatridis, Berg Hill Greenleaf & Ruscitti LLP
Jessica Toll, Kinder Morgan, Inc.
Lisa Woodward

Renewal (Corporate)
LT Environmental
Ashley Ager           Melissa Anderson             Maureen Anderson      Eric Baum
Susan Borden          Ray Brammer                  John Brown            Sara Burkhalter
Daniel Burns          Liz Carney                   Gavin Casson          Jeff Citrone
Kristie Clutts        John Cocroft                 Steve Compton         Aimee Cole
Ryan Dial             Mike Dinkel                  Brian Dodek           Jacob Evans
Brandon Fetter        Rob Fishburn                 Brett Forkner         Alexis Fricke
Shelly Fronapfel      Pat Garland                  Devin Girtin          Robert Gullett
Phillip Hamlin        Thomas Harp                  Devin Hencmann        Brooke Herb
Amanda Hogan          Liz Houle                    Mike Hupp             Jake Janicek
Steve Kahn            Ashleigh Kayne               Ryan Kritzberger      Paloma Lang
Sam LaRue             Karen Lim                    Julie Linn            Tanna Lyon
Kathleen Madigan      Chris McKisson               Katie McDermott       Mike McKee
Lauren Wade           Dan Moir                     Gabe Montano          Thomas Murphy
Brian Null            Heather Otterstetter         John Peterson         Keith Pollman
Chris Purcell         John Ragan                   Rob Rebel             Debbie Rountree
Chris Roy             Pranay Sanadhya              Kyle Schildt          Tarah Schultz
Cindy Scott           Chris Shephard               Jim Short             Marylou Sivigliano
Steve Sivigliano      Justin Solomon               Becci Treitz          Mike Unger
Dave Vara             Andy Verbonitz               Kay Vollmayer         Lindsay Voss
Asher Weinberg        Kelly Whalen

John Barrette, AET Environmental
Lori DiVito, AET Environmental
Danelle R. Hill, Hill Program Managers, LLC
Mark Weitz
CHWMS                                                                                                       PAGE 5

                              By Burns, Figa & Will, P.C.
                                   February 2011

Final rule amends regulations under 40 CFR 52.320 to partially approve and partially disapprove revisions to the
Colorado SIP. The rule approves revisions concerning the deletion of provisions regarding emission limits from
sources that no longer exist in the state the addition of notification requirements in the event of the incineration of
diseased animal parts; and revisions to the methods of computing compliance with emission limits for cement
manufacturing, petroleum refining, and where two or more fuel-burning units are connected to a common
opening. Contact: Mark Komp; EPA Region VIII; (303) 312-6022.

The EPA announced it will develop the first national standard for perchlorate in drinking water. This stems from
concerns that the contaminant might affect function of the thyroid. The action reverses the decision of the
previous administration. The EPA also stated its intention to develop a separate regulation addressing up to 16
potentially cancer-causing chemicals, this includes regulated chemicals trichloroethylene and tetrachloroethlyene.

A report released January 31st states that diesel fuel used as hydraulic fracturing fluid during a 5 year period, in 19
states may be a violation of the Safe Water Drinking Act. The inquiry began in February 2010 when 8 oilfield
companies were asked to provide details of their use of hydraulic fracturing fluids when drilling to release natural
gas from shale formations. The report is available at

Colorado approved a radioactive materials license for a 500 ton-per-day mill in the western part of the state. The
mill is planned to be constructed 23 miles west of Naturita by Energy Fuels Inc. This would be the first new
conventional uranium mill in the U.S. in 25 years. Colorado Department of Public Health and Environment
considered the short and long term air, water, wildlife, radiological, non-radiological, economic, social, and
transportation related impacts of the mill. The license decision and other documents are available at

                   Presentation Opportunities for Upcoming CHWMS Meetings

        The Colorado Hazardous Waste Management Society (CHWMS) is currently searching for
 "interesting, topical and informative" presentations for our meetings in 2010. This is a great
 opportunity to network with your peers, share information and technology, and become more involved
 with the environmental community. CHWMS is interested in an assortment of environmental-related
 topics. Each monthly presentation is roughly 50 minutes, followed by a question and answer period.

 If you or someone you know is interested in presenting at our monthly meetings, or even at our
 bi-annual workshops, please feel free to contact one of the following members of our Programs
 Committee: Randy Dann(, Joel
 Johnston(, or Derek Wintle (
   CHWMS                                                                                                         PAGE 6

                                      MEMBERS ON THE MOVE.......
To be included in this section, submit your previous information along with your new information either by fax to Juliana
Reid at (303) 674-8364, or email to Changes must have occurred within the last three months, and your
membership must be current.

                      CHWMS Announces 2011 Scholarship Information
The Colorado Hazardous Waste Management Society (CHWMS) is pleased to announce that it is offering
scholarships to students at Colorado universities/colleges.

Undergraduate and graduate students in engineering, geology, environmental sciences, law, or another field in
which they may address environmental issues students are eligible for the scholarships.

Students must intend to work in an environmental field.

Other requirements are noted on the application form.

The application form and all items required by the application (including essay and a current resume) must be
submitted via e-mail by 5:00p.m. Mountain Time on Friday, March 11, 2011.

CHWMS plans to award two scholarships of $1,500.00 each.

Questions regarding the scholarship or the application process should be submitted via e-mail to Jacy Rock

See this link to the application and more detailed information:

     Thinking about getting more involved with CHWMS?
   We need volunteers for the CHWMS 2011 Golf committee?
              If you are interested please contact
      Brian LaFlamme at
CHWMS                                                                                                    PAGE 7

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_____Federal/State Government _____Attorneys _____Full-Time Student ($20.00)
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Area of Volunteer Interest: ___Education ___Membership ___Nominations/By-Laws
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