Title: VI Draft Guidance: Overview of Comments to November, 2002 OSWER VI Guidance
1VI Draft Guidance Overview of Comments to
November, 2002 OSWER VI Guidance
- Michael Sowinski
- DPRA, Inc.
2Presentation Overview
- Overview the Major Points By Commenters
- Comments Organized By
- Generally Applicable Comments
- Tier I Comments
- Tier II Comments
- Tier III Comments
- Appendices
- Summarize Primary Issues Raised
3Overview of Comments Provided
- 30 Commenters
- 18 Government (Federal State)
- 4 Industry Trade Associations
- 7 Consultants
- 1 Public Interest Group
- 6 EPA Supporting Documents
- Widely Ranging Comments
- Available on E-Docket
4Generally Applicable Comments
- Many Praises for the Effort
- Guidance is Overly Conservative
- Guidance is Overly Complex
- Guidance is Over/Under Prescriptive
- VI Guidance will Cause Cleanup Delays
- VI Guidance will Delay EI Attainment
5Generally Applicable CommentsRisk
Assessment/Risk Management Issues
- Use of Phrase Pathway Incomplete vs. Complete
w/Acceptable Risk is Confusing - Use of OSHA PELs for Occupational Setting!
- Appropriateness of the MCL Floor
- Incremental vs. Cumulative Risk
- Hazard Quotient of 0.2 vs. 1.0.
6Generally Applicable CommentsRisk
Assessment/Risk Management Issues (cont.)
- Indoor Sources Background Contamination!
- Procedures to Discriminate Needed
- Generic AFs Do Not Account for Background
- Guidance Should Provide Citations for Available
Background Data (Background Floor) - Tables 2 and 3
- Acceptable Risk? (10-4 10-6)
- Ever-Changing Toxicology Demands Living Tables.
- Extrapolated vs. Non-Extrapolated Values
- Short Term vs. Long Term Exposure
- Detection Levels vs. Risk Targets for Air and
Groundwater
7Generally Applicable CommentsScope of Guidance
- Applicability to Petroleum Hydrocarbons
- Citing Biodegradation, Deal with Petroleum
Hydrocarbons Separately - UST Sites vs. Petroleum Hydrocarbon Sites
- Do Not Endorse RBCA Guidance
- Table 1 COC List
- Inclusion of Additional COCs
- COC List vs. CAA Hazardous Air Pollutants
- COC List vs J E Spreadsheets
- Retroactive Application at CERCLA/VCP Sites
- Relation to CERCLA Risk Assessment
8Generally Applicable CommentsPurpose of Guidance
- Need for Guidance on Additional Items
- More Advice on Air Sampling
- Prepare a Background Source Study
- Advice on Delineating Risk, Cumulative Risk, and
Triggers for Cleanup Actions - How to Measure for Model Inputs
- Guidance Should be Less Prescriptive
- Risk Management vs. Risk Assessment
9Tier 1 Comments
- Precluding Factors
- Ask Once
- More Justification Needed/Suggestions Provided
- CSM Should Include Breakdown Products
- Should Consider Presence of Vapor Barriers
During Tier 1 - The Use of Existing vs. New Data Need Clarity
- What Qualifies as Reasonable Estimate of GW
10Tier 1 Comments
- 100 Foot Lateral and Vertical Limits
- Future Development Issues
- Design and Enforcement of Institutional Controls
- Guidance Lacks Direction on This
- Immediate Action
- Focus on Background Contamination
- Use of Engineering Controls Needs Clarity
11Tier 2 CommentsGeneral
- Use of Bulk Soil Samples
- Joint Use of Soil Gas Groundwater Samples
Need Clarity. - Generic vs. Chemical Specific AFs
12Tier 2 CommentsEmpirical AFs
- Generic AFs are Over Conservative
- Utilize Max. vs. Mean IA Data
- Site Selection Bias Exists
- Does Not Adequately Account for Background
- Henrys Law Based Equilibrium Assumption
- Suggestions Provided for Alternative AFs
- More Field Data Required (Data Quality Guidelines
Should Be Imposed On Submitting Agency) - Same Database to Create Validate Data
13Tier 2 CommentsJEM Inputs for Figure 3
- More Details Needed to Support Figure 3
Development - Figure 3 Should Assume 10C not 25C
- Figure 3s 5L/min Assumption Conflicts
w/Diffusive Transport Assumption - Figure 3 Should Consider More Soil Types
- Construction Characteristics Not Properly
Accounted For Commercial Building AFs Vary
Greatly from Residential AFs
14Tier 3 CommentsJEM Model
- Requires Sophisticated Expertise
- Need Better Rationale for Input Parameters
- Critical Parameters for JEM
- JEM Use Considerations
- Effects of Soil Sorption
- Transport Across Capillary Fringe
- Aqueous Phase Diffusion
- Presence of NAPL
15Appendix A Data Quality Assurance Considerations
- Appropriateness of the Use of the Visual Sampling
Plan - Practical Experience Shows That PDLs are Higher
Than Appendix A Lists - Explain That Entire Analyte List for Listed
Methods Need Not Be Tested - For TO-15, List Costs for SCAN and SIM Mode.
16Appendix B Development of A CSM
- Provide Hypothetical Site to Illustrate CSM
Development - Need Clarity on How To Identify and Deal With
Sensitive Populations
17Appendix D Development of Tables 1, 2, and 3.
- Calculations for Acceptable Indoor Air Levels Do
Not Match With Those Used by Region III and
Region VI. - Table D-1 Should List Solubility, Henrys Law,
and Maximum Calculated Vapor Concentration - Table D-1 Should Exclude Contaminants That Do Not
Meet the Two-Pronged Toxicity and Volatility Test - Table 2 Should Include Screening Values for
Non-Residential Scenarios
18Appendix E Relevant Methods and Techniques
- Appropriateness of Sub-Slab Sampling
- Sampling Recommendations Are Not Technically
Defensible (indoor air!, soil gas, gw, sub-slab,
soil) - Include Post Sampling Survey Form
19Appendix G Relevant Methods and Techniques
(cont.)
- More Advice Needed on Sampling for Model Inputs
(i.e., soil moisture, bldng. characteristics) - Need More Careful Accounting of Background
Contamination - Water Table vs. Water Column Sampling
20Summary of CommentsSteps to Success