No Further Action (NFA) determinations are Washington state’s sought-after finish line for regulatory closure of contaminated sites. An NFA is often the stepping stone for a property owner to secure financing for development of their property and alleviate concerns that their property won’t be put to productive use. NFAs are not easy to get—particularly for former dry cleaner sites, where perchloroethylene (PCE; a dry-cleaning solvent) is a common culprit that can keep a property in regulatory limbo and cause cleanup timelines to be counted in years.
Not a Typical Cleanup: Applying a Model Remedy at a Chlorinated Solvent Site
Aspect had a recent success story where we helped a client achieve an NFA by pursuing site closure through Ecology’s Initial Investigations program using a Model Remedy approach. The premise of this approach is that if you can completely address or clean up a release upon discovery, then you may be able to request an NFA at the initial investigation/reporting stage, thereby circumventing the Voluntary Cleanup Program process.
The project site, located in Kent, was a former dry cleaner with PCE impacts limited to shallow soil around the dry-cleaning machine. Following Aspect’s Phase I/II ESA investigation as part of a pending property transaction, we implemented a cleanup action after our client purchased the property. The space inside the store was limited, and the excavation was surgical. Confirmation soil sample results following the excavation were below Model Toxics Control Act (MTCA) Method A cleanup levels. Instead of entering the VCP and facing delays with Ecology’s backlog of VCP sites, we instead reported the release to Ecology within the framework of a Remedial Investigation and Cleanup Action Report, with the completed excavation and off-site disposal of contaminated soil presented as a model remedy.
Reducing Risk and Uncertainty
After follow up discussion and negotiation with Ecology’s Initial Investigations coordinator, the site recently received an NFA. Though there may not be many PCE-impacted sites where the contamination is limited to shallow soil, it pays to know the options if this is the case. Model remedies are more commonly applied to petroleum-impacted sites. However, because Aspect was on the lookout and understood the regulatory framework for achieving closure, we were able to help our client significantly reduce risk and uncertainty when weighing prospective property purchases.
The Model Remedy approach is a strategy that Aspect has used on several sites with success and, under the right set of circumstances, can be an efficient regulatory pathway for property owners seeking an NFA.