Federal law would regulate certification of environmental consultants.

The U.S. House of Representatives has introduced the Environmental Professionals Training and Certification Act (HR-3572), taking the first step toward federal regulation of training and accreditation programs in the environmental industry.

The bill, introduced by Rep. Bill Richardson (D-NM), requires the establishment of minimum standards for any organization providing certification to environmental consultants and calls for oversight by the Environmental Protection Agency (EPA). According to industry officials, the action is key in addressing public health and safety concerns that stem from the actions of unqualified consultants.

"Without minimum standards, property owners and businesses have no assurances that the consultant with which they have contracted is qualified. Right now there are even consultants whose only qualifications stem from mail-order certification programs," stated David M. Rosenberg, executive vice president of Environmental Compliance Services, Inc. (ECS). ECS, one of the few companies in the nation that underwrites pollution liability insurance for business, has been leading efforts for certification.

"I was amazed to hear of this incredible oversight in federal law," stated Rep. Richardson during introduction of the new bill. "I was shocked to learn that an individual can so easily receive certification to perform environmental assessments crucial to the protection of public health and safety."

"This new bill is a key step in addressing the issue because it finally will provide minimum guidelines by which environmental consultants can be qualified," added Rosenberg. "It also will provide control over those organizations that are simply handing out questionable certifications to anyone who applies."

Within six months of enactment, the new bill requires the EPA to establish an Environmental Certification Board that includes representatives from the agency, environmental interest organizations, and such industries as chemical/manufacturing, environmental consulting, insurance and banking/investment. In one year, the board must recommend minimum standards for the regulation of environmental training and certification organizations, to be utilized by the EPA in issuing its final standards. The bill also authorizes the EPA to review and approve those organizations wishing to train and certify environmental site assessors.

"This legislation does not attempt to exclude any organization from training or certifying environmental professionals -- it merely attempts to ensure that such organizations meet certain minimum federal standards which will ensure that the public and the business community can rely on the qualifications and standards of today's environmental professionals," added Richardson.

"Potentially responsible parties" may buy protection from lawsuits

Potentially responsible parties (PRPs) identified at the Petrochem/Ekotek "Superfund" site will soon have an opportunity to pay their fair share of the cleanup costs at the site located in north Salt Lake City, Utah, and buy themselves protection from lawsuits in the process.

The U.S. EPA last week mailed letters to more than 700 firms and individuals who sent relatively small amounts of wastes to Petrochem at 1628 N. Chicago St. in Salt Lake City between 1953 and 1988.

The agency offers "de minimis" settlements to small volume contributors to reduce the time and costs involved in cleaning up hazardous waste sites. To qualify, parties:

* must have sent a minor portion of the total waste volume; in this case, 100,000 gallons or less of waste material;

* must have responded earlier to a request for information from EPA;

* and the wastes contributed cannot be significantly more toxic or hazardous than any other substance at the site.

Those who settle and pay their share of costs at the site, as calculated by EPA, earn "contribution protection" that protects them from lawsuits from larger contributors. Frequently, large companies sue dozens, sometimes hundreds, of smaller firms or individuals to spread the costs of cleanup.

EPA Remedial Project Manager Gwen Hooten in Denver said 701 parties will receive the EPA mailing and about 451 of those are eligible to enter the settlement right now. Another 100 or so could qualify if they submit additional information to EPA within the next 30 days.

Hooten said a "de minimis" settlement is basically a "cash out. People pay their share and they're out of the picture." Hooten said EPA could not yet estimate how much money could be generated through the settlement but added that the agency will earmark the money for past and future cleanup costs at Petrochem.

Since Petrochem was named to the National Priorities List of hazardous waste sites, Hooten said about $11,500,000 has been spent. The agency has estimated total cleanup coasts in the $69,500,000 range.