Regulatory Acceptance for New Solutions

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Regulatory Acceptance for New Solutions

• Presented byBrian Sogorka, NJDEPRemedial
  Technology Manager
• 609-633-1344, brian.sogorka_at_dep.state.nj.us

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Purpose of ITRC
ITRC is a state-led, national coalition of
regulators and others working to

• improve state permitting processes and
• speed implementation of new environmental
  technologies.

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Goals

• Achieve better environmental protection through
  innovative technologies
• Reduce the technical/regulatory barriers to the
  use of new environmental technologies
• Build confidence about using new technologies

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Tackling Regulatory Barriers

• ITRC catalyzed USEPA to clarify RCRA 3020(b)
• Furthering deployments of in situ technologies
• New Jersey modifying permit process
• Effort to increase use of enhanced in situ
  bioremediation
• States integrating ITRC documents into processes
• Guiding proposal and approval process for
  innovative environmental technologies
• Kansas estimates saving 50 time in approving
  natural attenuation

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Other Participants

• Industry representatives

• Host organization

• Academia

Environmental Council of the States

• Public stakeholders

• Federal agencies

• State organizations

U.S. Department of Energy
Western Governors Association
U.S. Environmental Protection Agency
Southern States Energy Board
U.S. Department of Defense
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Organizational Structure
Program Director
Technical Teams

• Alternative Landfill Technologies
• Brownfields
• Constructed Wetlands
• Contaminated Sediments
• Dense Nonaqueous Phase Liquids
• Diffusion Samplers
• DOE Gate 6 Technologies
• In Situ Bioremediation

• MTBE-Contaminated Groundwater
• Permeable Reactive Barriers
• Radionuclides
• Remedial Process Optimization
• Sampling, Characterization, and Monitoring
• Small Arms Firing Range
• Unexploded Ordnance

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Products Services

• Regulatory and Technical Guidelines
• Technology Overviews
• Case Studies
• Peer Exchange
• Technology Advocates
• Classroom Training Courses
• Internet-Based Training Sessions

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Document Contents

• Site Characterization
• Pretreatment Sampling
• Site Modeling
• Exposure Analysis
• Historical Data about Site Use
• Data Requirements
• Analytical Methods
• QA/QC

• Performance Data
• Treatability Studies
• Test and Demonstration
• Monitoring for Treatment Goal and Fugitive
  Emissions
• System Operating Requirements
• Health and Safety Requirements
• Feed Limitations

• Cleanup Levels
• Closure Criteria
• Intended Use
• Receptors
• Surrounding Community

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Benefits to States

• Access to peers and experts in other regulatory
  agencies
• Shortened learning curve by obtaining advance
  knowledge of new and used technologies
• Cost-effective involvement in demonstrations
  conducted in other jurisdictions
• Sounding board for problem solving
• Information and technology transfer
• Maximize limited resources
• Personal and professional development

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Benefits to Industry

• Forum conducive to advancing technology and
  solutions
• Insight into the regulatory world
• Access to multiple state entities
• Opportunity for broader review of technology
• Unique and cost-effective approach to
  demonstration and deployment of new technology
• Mechanism to identify and integrate regulatory
  performance expectations among states

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Benefits to DOD

• Facilitates interactions between DOD managers and
  state regulators
• Increases consistency of regulatory requirements
  for similar sites in different states
• Helps reduce uncertainties when preparing cleanup
  plans
• Addresses contaminants of concern to DOD (heavy
  metals, VOCs, PAHs, organic pesticides, solvents,
  etc.)
• Technical teams dedicated to problems unique to
  DOD (UXO, Small Arms Firing Range)

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ITRC/DOD Partnering

• ITRC-sponsored training classes and Internet
  seminars have been well attended by DOD and
  service branch environmental managers as well as
  EPA, state regulators, and stakeholders
• ITRC documents on soil washing and
  phytoremediation were instrumental in the
  deployment of these technologies at a firing
  range on Ft. Dix in New Jersey
• Massachusetts DEP has used ITRC guidance
  documents to support review of technologies and
  processes at the Massachusetts Military
  Reservation

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ITRC/DOD Partnering

• (continued)
• The Seneca (N.Y.) Army Depot site manager and
  contractors used ITRC guidance to place
  monitoring wells and establish an acceptable work
  plan for a reactive barrier
• ITRC provided third-party information at public
  information sessions to promote acceptance of new
  technologies at Kelly Air Force Base in Texas

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Benefits to DOE

• Facilitates interactions between DOE managers and
  state regulators
• Increases consistency of regulatory requirements
  for similar cleanup problems in different states
• Can help reduce uncertainties when preparing
  cleanup plans
• Addresses DOEs remediation needs (metals,
  organics, asbestos, mixed waste)
• Several technical teams are dedicated to problems
  of particular concern to DOE

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Benefits to USEPA

• Forum to facilitate idea sharing between
  regulators at the federal and state levels
• Unique and cost-effective approach for
  demonstrating and deploying new technology
• Mechanism for identifying and integrating
  regulatory performance expectations among states

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State Engagement Program

• Ensures ITRC documents are available, understood,
  and used
• Promotes multistate concurrence of technical and
  regulatory guidelines
• Coordinates Internet-based training
• Documents ITRCs successes
• Promotes regulatory innovation
• Promotes peer exchange

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Nationwide Success
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Active Technical Teams

• Alternative Landfill Technologies
• Brownfields
• Constructed Wetlands
• Contaminated Sediments
• Dense Nonaqueous Phase Liquids
• Diffusion Samplers
• DOE Gate 6 Technologies
• In Situ Bioremediation

• MTBE-Contaminated Groundwater
• Permeable Reactive Barriers
• Radionuclides
• Remedial Process Optimization
• Sampling, Characterization, and Monitoring
• Small Arms Firing Range
• Unexploded Ordnance

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Completed Teams

• Accelerated Site Characterization
• Environmental Technology Acceptance and
  Reciprocity Partnership (e.TARP)
• In Situ Bioremediation (1995-2000)
• In Situ Chemical Oxidation
• Low-Temperature Thermal Desorption
• Metals in Soils
• Phytotechnologies
• Plasma Technologies
• Policy

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Accelerated Site Characterization

• Value Offers the potential to reduce the time
  and costs of characterizing a site before a
  cleanup plan is chosen
• Products Two Technology Overviews
• Guidelines on technical requirements for
• SCAPSLIF
• SCAPSVOCs
• Status Closed out in 1998
• Success Document helped Texas use SCAPSLIF
• at an EPA Superfund creosote site

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Alternative Landfill Technologies

• Value Offer reductions in construction,
  operation,
• and maintenance costs of landfill covers
• Status Newly formed team pursuing some interests
  of closed-out Phytotechnologies Team
• Planned Case studies document
• Products Technical and regulatory
• guidance document
• Internet-based training
• Consideration of classroom training
• Documentation of deployment successes in
  ITRC states

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Brownfields

• Value Environmental contamination
• complicates redevelopment of
• abandoned, idled, or underused
• industrial and commercial facilities
• Status Newly formed in 2001
• Activities Interface with U.S./German
  Bilateral Working Group in developing and
  implementing the Site-Specific Management
  Approach and Redevelopment Tools (SMART) Plan
• Gather information regarding field
  demonstrations of
• site characterization, remedial, and field
  screening technologies applicable to brownfields
• Develop and implement training

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Constructed Wetlands
Value Self-sustaining manmade wetlands built
specifically to treat contaminants

• Status New team in 2002
• Activities Developing a Technical and
  Regulatory
• Guidance Document
• Developing an Internet-based training
• course and a classroom training module

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Contaminated Sediments
Value 10 of sediment under our surface
waters is contaminated with toxic
pollutants Status New team in
2002 Activities Interface with others, such
as U.S. Army Corps of Engineers, USEPA,
port authorities, USEPAs Remediation
Technology Development Forum, and USEPAs
Sediment Management Work Group Collaborate
in site demonstrations, including demonstrations
of technologies to handle large volumes of
dredged materials from harbor areas Review
related work by other groups, including white
papers, technical papers, decision trees,
and draft guidance
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Dense Nonaqueous Phase Liquids
Value Unremoved DNAPLs sources could continue to
contaminate groundwater for centuries
Products Technology OverviewDense Non-Aqueou
s Phase Liquids Review of Emerging Characteriza
tion and Remediation Technologies Regulatory
OverviewDNAPL Source Reduction Facing the
Challenge
Activities Developing Internet-based training
modules and three technical/regulatory guidance
documents characterization, surfactant, and
thermal Working with federal partners (EPA,
DOE, DOD) on deployment and documentation of
DNAPL characterization and treatment
technologies
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Diffusion Samplers
Value A relatively inexpensive and simple way
to sample groundwater and groundwater discharges
to surface water
Products Collaborated with Navy, Air
Force, and Army to develop Users Guide for
Polyethylene Based Passive Diffusion Bag
Samplers to Obtain Volatile Organic Compound
Concentrations in Wells Developed
Internet-based training Created Diffusion
Sampler Information Center on Internet
Activities Participating with DOD, DOE, and
private industry to demonstrate this technology
and identify potential sites for
deployment Compiling and evaluating data to
facilitate deployment of this
technology Developing guidance for
implementing diffusion bag samplers for
long-term monitoring
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DOE Gate 6 Technologies
Value Engages ITRC technical teams with DOE
technical efforts Activities DNAPLs and RADs
teams participate in DOE conferences and review
work plans for new demonstrations or
deployments Characterization, Sampling,
and Monitoring DNAPLs PRB and RADs teams
pursue opportunities for partnership between
ITRC and DOE
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Environmental Technology Acceptance and
Reciprocity Partnership
Value Changing how states review, accept, and
make permit decisions on new technologies
Products Multi-State Evaluation of Elements
Important to the Verification of Remediation
Technologies (VT-1, 2nd Edition) Strategy for
Reciprocal State Acceptance of Environmental
Technologies (MOU-1) Tier 1 Guidance
Status Continuing its work as a separate entity
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In Situ Bioremediation (closed)

• Value A cost-effective solution in many cases
  of chlorinated solvent contamination in soil and
  groundwater
• Products Two classroom training courses and
  seven documents, including case studies and a
  technical and regulatory overview
• Status Closed out in 2000

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In Situ Bioremediation (current)
Value Streamlining preparation, review, and
approval of in situ bioremediation applications
for a variety of contaminants in groundwater
Planned A Systematic Approach to In Situ
Bioremediation Products Nitrate, Carbon
Tetrachloride, Perchlorate, a Technical and
Regulatory Guidance Document evaluating the
applicability of ISB to any contaminant of
concern and illustrating this systematic
approach by providing examples for these three
contaminants Activities Developing an
Internet-based training course
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In Situ Chemical Oxidation
Value Shows promise in quickly destroying or
degrading an extensive variety of hazardous
wastes in groundwater, sediment, and
soil Products Technical and Regulatory
Guidance for Using In Situ Chemical Oxidation
to Remediate Contaminated Soil and
Groundwater Internet-based training course S
tatus Closed out in 2001, but Internet training
continues
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Low-Temperature Thermal Desorption
Value Removes hazardous solvents and other
contaminants from mixed waste, reducing waste
volume and lowering disposal costs Products Guid
elines on technical requirements for
petroleum/coal tar/gas plant wastes
chlorinated organics mixed waste and/or
mercury Status Closed out in 1998 Success
Contributed to 100/ton savings for treatment in
New York
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Metals in Soils

• Value Treatment could help avoid costly
  excavation, transportation, disposal at waste
  facility, capping, and monitoring
• Products Overviews of three emerging
  technologies
• ? phytoremediation
• ? electrokinetics
• ? in situ stabilization
• Issued guideline in 1997 updated in 1999
• Status Evolved into Phytotechnologies Team
• Success Facilitated community acceptance of
  soil washing and phytoremediation at Ft. Dix, New
  Jersey

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MTBE-Contaminated Groundwater

• Value Leaking underground fuel tanks
• contaminate groundwater with
• MTBE and other oxygenates
• Status New team in 2002
• Activities Develop an overview of treatment
  technologies for
• MTBE-contaminated groundwater
• Develop a technical and regulatory guidance
• document and Internet training
• Interface with other active groups such as
  RTDF,
• ASTSWMO, USEPA, and the American Petroleum
• Institute

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Permeable Reactive Barriers

• Value Offers potential to restore many types of
  sites to the standards that cant be met by
  conventional groundwater treatments

Products Regulatory guidance for (1)
chlorinated solvents and (2) inorganics and
radionuclides and (3) design guidance for
groundwater remediation
Activities Offers Internet-based
training Involved in a DOD long-term
performance monitoring project Success Process
from design through installationtook less than
four months in New Jersey
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Phytotechnologies
Value Contribute to the understanding of
phytoremediation applications, processes, and
reliability
Products Phytoremediation Decision Tree
document and online tool Phytotechnology Te
chnical and Regulatory Guidance Document
Status Closed out in 2001, but classroom and
Internet-based training courses continue
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Plasma Technologies
Value Thermal treatments that have potential to
treat hazardous, radioactive, military, and
medical wastes Product A Regulatory Overview of
Plasma Technologies Status Closed out in 1998
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Policy
Value Investigated state use of
performance-based systems and voluntary
cleanups Products Two case studies An
Analysis of Performance-Based Systems for
Encouraging Innovative Environmental
Technologies (POL-1) Case Studies of Selected
States Voluntary Cleanup/Brownfields Programs
(POL-2) Status Closed out in 1998
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Radionuclides
Value Facilitate the cleanup of radioactively
contaminated federal facilities by encouraging
regulatory cooperation and sharing technological
successes and approaches
Product Radiation Reference Guide Relevant
Organizations and Regulatory Terms (RAD-1)
Activities Producing two case studies
Developing Cleanup Levels at Radioactively
Contaminated Sites Case Studies Stewardship
and Technology Challenges for Future
Management of Radiologically Contaminated Sites
and Associated Case Studies
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Remedial Process Optimization

• Value Regulatory issues and emerging technology
  can affect optimization of operating remedial
  systems faster approval times will result from
  state and local environmental officials
  understanding RPO goals
• Status Newly formed in 2001
• Activities Forming a multidisciplinary team
• with DOD (all branches), DOE, EPA,
• state, and stakeholder participation
• to evaluate the effectiveness of
• existing RPO programs
• Planned Guidance document summarizing
• Products available approaches to RPO and
• identifying key regulatory issues and technology
  acceptance processes that affect implementation

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Sampling, Characterization, Monitoring

• Value Addresses innovations and paradigm shifts
  in sampling and monitoring related to real-time
  information, continuous monitoring, and long-term
  monitoring for
• site closure and stewardship
• Status Newly formed team
• Activities Preparing inventory of field
  analytical
• technologies
• Developing guidance document
• Educating regulators, vendors, and site
• managers

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Small Arms Firing Range
Value Assisting DOD and states with identifying
appropriate technologies for cleanup and
maintenance of lead-contaminated firing
ranges Planned Technical/regulatory Products
Maintenance/management document
Internet-based training Classroom training
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Unexploded Ordnance
Value Examining the problem of military
munitions contaminating Defense Department and
private sites Products Case Study Breaking
Barriers to the Use of Innovative Technologies
State Regulatory Role in Unexploded Ordnance
Detection and Characterization Technology
Selection Classroom training Status Developin
g Internet-based training and multiple Technical
and Regulatory Guidance Documents
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Contacts

• Web Site http//www.itrcweb.org
• Cochairs, ITRC Board of Directors
• Brian C. Griffin Oklahoma Secretary of
  Environment
• [phone] bcgriffin_at_owrb.state.ok.us
• Ken Taylor SC Department of Health and
• [phone] Environmental Control
• taylorgk_at_dhec.state.sc.us
• Program Director
• Rick Tomlinson rickt_at_sso.org
• [phone]