New Risk Management Program Offers Lower-Cost Alternative to Voluntary Cleanup Program

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In 2015, the Kansas legislature passed HB 2193, creating the Risk Management Program (RMP)as an alternative to the Voluntary Cleanup and Property Redevelopment Program (VCP) administered by the Kansas Dept. of Health and Environment (KDHE). Your Association participated in a KDHE advisory committee which worked in proposing this new program and lobbied for passage of the bill.

Under the new Risk Management Program, qualifying facilities with remediation sites enrolled in the VCP may be able to leave the VCP and enter into a long-term monitoring agreement with KDHE. Facilities with remediation sites in the VCP may find the Risk Management Program useful and cost-effective.

The Risk Management Program provides a voluntary mechanism for the long-term care and management of low risk, low priority sites that are not able to meet requirements for unrestricted site closure or no further action (NFA) following appropriate assessment and/or remedial activities. This program provides another option in the remediation tool box allowing for conditional closure of a site where the risks are managed or controlled under an established Risk Management Plan.

Administered by KDHE, the Risk Management Program will allow a low-risk contamination site to leave the VCP by entering into a long-term monitoring agreement with KDHE. The agreement with KDHE will require the responsible party to perform certain on-going monitoring activities as required by KDHE and as stated in the agreement. As long as the activities required by the RMP agreement are performed, and the site conditions do not change, KDHE would consider the site closed.

An RMP may be established site-wide or applied to only a portion of a site (“RMP Boundary”). For example, where an identified contamination area has been remediated to applicable cleanup standards, yet impacts in groundwater persist beneath multiple properties. Properties adversely affected by a groundwater plume could be addressed through an RMP (e.g., continued groundwater monitoring on a less frequent basis, every three years verses semi-annual or annual).

Risk management plans may also be used in conjunction with Environmental Use Controls (EUCs) to address residual contamination at a site. There is a one-time initial funding requirement for any RMP that is based on the site’s class designation, as determined by KDHE.

For more information about the Risk Management Program, Regulations, and Policies – or for information on how to submit an application, contact your Association staff or go to the KDHE website, Here. KDHE’s point of contact for questions on the Risk Management Program is Randy Carlson. Randy can be reached at Rcarlson@kdheks.gov, or at 785-296-1684.