Establishing Soil Cleanup Standards under WAC 173340740

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Establishing Soil Cleanup Standards under WAC
173-340-740 745

• Pete Kmet, P.E.
• Department of Ecology
• Toxics Cleanup Program
• [phone] pkme461_at_ecy.wa.gov

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Establishing Soil Cleanup Standards under WAC
173-340-740 745

• Key Differences
• Updated most Method A soil cleanup levels
• Two types of soil cleanup levelsunrestricted
  land uses and industrial land uses. Other types
  of land uses can be considered during remedy
  selection process
• Environmental protectiveness of cleanup levels
  must be evaluated using the procedures in
  Sections 7490-7494

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Establishing Soil Cleanup Standards under WAC
173-340-740 745

• Key Differences (cont..)
• Groundwater protection must be evaluated using
  the procedures in Section 747
• New equations added for TPH mixtures
• Dermal and vapor pathways may need to be
  evaluated when using site-specific risk assessment

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Establishing Soil Cleanup Standards under WAC
173-340-740 745

• Cleanup Standard Concentration
• Point of Compliance
• ARARs
• Must use reasonable maximum exposure
• (defined as residential land use for most sites)

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Establishing Soil Cleanup Levels under WAC
173-340-740
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Establishing Soil Cleanup Levels under WAC
173-340-740
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Establishing Method A Soil Cleanup Levels under
WAC 173-340-740 745
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Establishing Method A Soil Cleanup Levels under
WAC 173-340-740 745
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Establishing Method A Soil Cleanup Levels under
WAC 173-340-740 745
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Establishing Methods B C Soil Cleanup Levels
under WAC 173-340-740 745 for Other than TPH
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Establishing Methods B C Soil Cleanup Levels
under WAC 173-340-740 745 for Other than TPH
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Establishing Methods B C Soil Cleanup Levels
for TPH Mixtures under WAC 173-340-740 745

• Must evaluate noncarcinogenic effects of TPH
  mixture as a whole
• Must evaluate ARARs and carcinogenic effects for
  individual TPH components
• Need measured soil or product composition
  including TPH fractions and components
• Dermal already incorporated into equations
• May need to evaluate vapors if SSRA results in
  significantly higher soil cleanup levels

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The site qualifies for an EXCLUSION if
• 1. All soil contamination is below the point of
  compliance
• 2. All soil contamination is covered by
  buildings, paved roads, pavement, or other
  physical barriers that will prevent plants or
  wildlife from being exposed AND institutional
  controls are in place

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The site qualifies for an EXCLUSION if
• 3(a). For certain highly toxic substances (e.g.
  dioxins, furans, PCBs, pentachlorophenol, and
  pesticides), there is less than 1/4 acre of
  contiguous undeveloped land on or within 500 feet
  of any area of the site affected by those
  substances AND
• 3(b). For other hazardous substances, there is
  less than 1.5 acres of contiguous undeveloped
  land on the site or within 500 feet of any area
  of the site
• 4. Soil concentrations do not exceed natural
  background concentrations.

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The site qualifies for a SIMPLIFIED EVALUATION
  under WAC 173-340-7492 unless
• 1. The site is on or directly adjacent to an
  environmentally sensitive area (greenbelts,
  wetlands, forest lands, wildlife management
  areas, natural area park)
• 2. The site is used by threatened or endangered
  species.

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The site qualifies for a SIMPLIFIED EVALUATION
  under WAC 173-340-7492 unless
• 3. There are 10 acres or more of native vegetated
  areas on the property the site is located and
  these areas are within 500 ft of the site (area
  of contamination).
• 4. The department determines that the site may
  present a risk to significant wildlife
  populations.

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The evaluation may be ENDED if
• Exposure analysis
• 1. The area of soil contamination is 350 ft2 or
  less OR
• 2. An analysis using Table 749-1 demonstrating
  land use at the site and surrounding area makes
  substantial wildlife exposure unlikely.

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The evaluation may be ENDED if
• Pathways analysis
• 1. For substances listed in Table 749-2, there
  are no potential exposure pathways due to
  man-made physical barriers, including barriers
  constructed as part of the remedy. Institutional
  controls are required to ensure that the barriers
  are maintained.

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The evaluation may be ENDED if
• Contaminants analysis
• 1. For substances with a value in Table 749-2,
  the soil concentration does not exceed the value
  in Table 749-2 within 15 feet of the ground
  surface (6 feet with institutional controls).
  For substances listed in Table 749-2 without a
  value, see option 2 OR

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• The evaluation may be ENDED if
• 2. For all substances listed in Table 749-2, a
  bioassay has been conducted demonstrating that
  the substance is not likely to be toxic to soil
  biota, plants and wildlife (only wildlife needs
  to be considered for industrial and commercial
  properties).

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Establishing Ecologically Protective Soil Cleanup
Levels Under WAC 173-340-740 745

• Methods for conducting a site-specific
  terrestrial ecological evaluation
• 1. Use the values in Table 749-3.
• 2. Establish values based on a literature survey.
• 3. Conduct bioassays.
• 4. Use a wildlife exposure model.
• 5. Use biomarkers.
• 6. Conduct site-specific field study.
• 7. Weight of the evidence approach.
• 8. Other method approved by the department.

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Establishing Soil Point of Compliance Under WAC
173-340-740 745
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Establishing Soil Cleanup Standards Under WAC
173-340-740 745

• Compliance Monitoring
• Soil testing at a minimum. Vapor and ground
  water testing may be required
• Direct comparison may be an option
• If not, must use 3 Part Test
• Upper 95 confidence limit on true mean
• No sample gt 2 times cleanup level
• No more than 10 of samples gt cleanup level

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Establishing Soil Cleanup Standardsunder WAC
173-340-740 745

• Summary
• Highlighted key differences
• Establishing Method A cleanup levels
• Establishing Method B C cleanup levels
• Special considerations for TPH mixtures
• Terrestrial ecological evaluation procedures
• Point of compliance
• Compliance monitoring