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Ohio EPA Seeks Comments on Urban Setting Designation for Land in Dayton

Ohio EPA is considering a request to grant an Urban Setting Designation (USD) for approximately 395 acres of land located in west Dayton near the former Delphi, Home Avenue facility. The Agency is seeking public comments before making a final decision.

Under Ohio EPA’s Voluntary Action Program (VAP), contaminated ground water must be treated if it poses a risk to the community or environment. However, if there is no current or anticipated future use of that ground water (for drinking, bathing, cooking), a USD may be requested.

A USD recognizes that cleaning up the ground water to drinking water standards is not necessary because no one will be drinking the ground water. Other possible exposures to contaminated ground water (such as exposures to wildlife or streams in the area) still must be addressed even when a USD is granted.

Granting a USD would reduce ground water cleanup requirements, lower costs and promote economic redevelopment while still protecting public health and the environment. Ohio EPA can approve the USD if a state-certified environmental professional verifies that USD requirements are met and existing or future ground water uses have been evaluated.

Using VAP guidelines, a volunteer may clean up contaminated property in Ohio without the risk of state civil liability. A certified professional must review the cleanup to verify that it meets VAP standards before Ohio EPA issues a covenant not to sue. Ohio EPA has access to cleaned-up properties and documents and audits at least one-fourth of the properties to confirm that cleanup standards are met.

The request was submitted by Hull and Associates on behalf of the city of Dayton. Written comments may be sent to Randy Watterworth, Ohio EPA Southwest Office, 401 E. Fifth St, Dayton, Ohio 45402 or to randy.watterworth@epa.state.oh.us. Public comments received by July 16, 2012, will be considered before a final decision is made. The USD application is available for review by first calling Penny Horstman at (937) 285-6025.

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