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New EPA Guidance Supports More Lenient Lead Cleanup Standards

January 01, 1997-Recent guidance issued by the U.S. Environmental Protection Agency ("EPA") may support more lenient cleanup requirements for lead-contaminated soil at nonresidential sites in Michigan and elsewhere. The guidance, entitled "Recommendations of the Technical Review Workgroup for Lead for an Interim Approach to Assessing Risks Association with Adult Exposure to Lead in Soil," was issued in December 1996. EPA's earlier guidance established lead cleanup requirements based on the risks lead exposure poses to children and, thus, was overprotective for nonresidential adult exposures. The Michigan Department of Environmental Quality ("MDEQ") adopted the earlier EPA guidance and established a cleanup criteria for lead in soil of 400 parts per million, whether the site was residential or nonresidential. MDEQ has indicated to us that it is likely to adopt the new EPA guidance for nonresidential sites where potential exposure of children is not a consideration.

The new EPA guidance provides mathematical equations for calculating acceptable lead concentrations in soil based on site-specific information. Site-specific information may support lead cleanup levels of more than 2,000 parts per million. Even using EPA's worst- case default values in the absence of site-specific information, however, results in lead cleanup standards of approximately 1,000 parts per million for nonresidential property. Because lead is a common contaminant at commercial and industrial sites, the new EPA guidance should significantly reduce cleanup requirements at many of those properties.

For further information, please contact Peter Holmes.