SOIL REMEDIATION STANDARDS

1
SOIL REMEDIATION STANDARDS

• CURRENT DEVELOPMENTS
• Barry Frasco
• NJDEP
• 9/18/02

2
SOIL REMEDIATION STANDARDSLEGISLATIVE HISTORY

• P.L. 1993 c.139 (S-1070)
• HAZARDOUS SITE DISCHARGE REMEDIATION ACT
• P.L. 1997 c.278 (S-39)
• BROWNFIELD AND CONTAMINATED SITE REMEDIATION
  ACT
• NEW JERSEY STATUTES ANNOTATED REFERENCE - NJSA
  5810B

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SOIL REMEDIATION STANDARDSLEGISLATIVE
REQUIREMENTS

• REMEDIATION STANDARDS TO BE RISK BASED
• DEVELOPMENT OF RESIDENTIAL AND NON-RESIDENTIAL
  SOIL REMEDIATION STANDARDS
• DEVELOPMENT OF SOIL REMEDIATION STANDARDS THAT
  ARE PROTECTIVE OF GROUND WATER AND SURFACE WATER

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SOIL REMEDIATION STANDARDSLEGISLATIVE
REQUIREMENTS

• STANDARDS TO BE CONTAMINANT SPECIFIC (NO
  CUMULATIVE EFECTS OF MORE THAN ONE CONTAMINANT)
• PROVISION FOR ALTERNATIVE SOIL REMEDIATION
  STANDARDS BASED UPON SITE SPECIFIC FACTORS
• UNTIL SOIL REMEDIATION STANDARDS ARE ADOPTED,
  STANDARDS CAN BE DEVELOPED/APPLIED ON A SITE
  SPECIFIC BASIS

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SOIL REMEDIATION STANDARDSLEGISLATIVE
REQUIREMENTS

• NO ECOLOGICAL BASED STANDARDS CAN BE PROPOSED OR
  ADOPTED UNTIL THE ENVIRONMENT ADVISORY TASK FORCE
  COMPLETES IT WORK.
• HOWEVER, ECOLOGICAL BASED STANDRDS CAN BE
  DEVELOPED/APPLIED OF A SITE SPECIFIC BASIS

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SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT
STATUS DEVELOPMENT OF GENERIC STANDARDS

• LAND USE SCENARIOS
• RESIDENTIAL
• NON-RESIDENTIAL (WORKER)

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SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT
STATUS DEVELOPMENT OF GENERIC STANDARDS

• EXPOSURE PATHWAYS
• INGESTION
• INHALATION
• IMPACT TO GROUND WATER
• IMPACT TO SURFACE WATER
• DERMAL (Cr6 - ALLERGIC CONTACT DERMATITIS)

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SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT
STATUS DEVELOPMENT OF GENERIC STANDARDS

• USING THE TOXICITY FACTOR HIERARCHY FOR THE
  INGESTION/INHALATION PATHWAYS
• CALCULATE A SOIL REMEDIATION STANDARD FOR BOTH
  CANCER AND NON-CANCER HEALTH ENDPOINTS
• LOWEST DERIVED STANDARD BECOMES THE GENERIC
  STANDARD FOR THE GIVEN CONTAMINANT

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SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT
STATUS DEVELOPMENT OF GENERIC STANDARDS

• INGESTION PATHWAY INHALATION
  PATHWAY
• CANCER NON-CANCER CANCER
  NON -CANCER
• ENDPOINT ENDPOINT
  ENDPOINT ENDPOINT
• (20 PPM) (500 PPM)
  (100 PPM) (800 PPM)
• GENERIC SOIL REMEDIATION STANDARD IS THE LOWEST
  LEVEL

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SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT
STATUS DEVELOPMENT OF GENERIC STANDARDS

• MODIFYING FACTORS
• BACKGROUND
• CONTAINED IN BROWNFIELD ACT
• MUST BE NATURAL BACKGROUND
• IF HEALTH BASED CONCENTRATION IS LESS THAN
  BACKGROUND, GENERIC STANDARD WILL BE SET AT
  BACKGROUND
• OPTION TO CONDUCT A SITE SPECIFIC BACKGROUND
  DETERMINATION WILL STILL EXIST

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SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT
STATUS DEVELOPMENT OF GENERIC STANDARDS

• MODIFYING FACTORS
• ANALYTICAL QUANTITATION LIMITS
• PQLs TO BE BASED ON ACTUAL ANALYTICAL METHODS
  USED
• IF HEALTH BASED CONCENTRATION IS LESS THAN THE
  PQL, GENERIC STANDARD WILL BE SET AT THE PQL

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSEXPOSURE PATHWAYS - MODELS AND
ASSUMPTIONS

• GENERAL ASSUMPTIONS
• USE OF USEPA MODELS TO THE GREATEST EXTENT
  PRACTICABLE
• USE OF USEPA DEFAULT ASSUMPTIONS (MAJOR
  EXCEPTION - USE OF NEW JERSEY VALUES OVER
  NATIONAL VALUES)

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSINGESTION PATHWAY

• USE OF USEPA MODELS TO THE GREATEST EXTENT
  PRACTICABLE
• USE OF USEPA DEFAULT ASSUMPTIONS

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSINHALATION PATHWAY

• ACCEPTABLE AIR CONCENTRATION DETERMINED
• CARCINOGENS - UNIT RISK FACTOR (URF)
• NON-CARCINOGENS - REFERENCE CONC. (RfC)
• BACK CALCULATION OF WHAT LEVEL IN SOIL WILL NOT
  EXCEED THE ACCEPTABLE AIR CONCENTRATION USING
  COMBINED EMISSION AND DISPERSION MODELING

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSINHALATION PATHWAY

• VOLATILIZATION
• RESIDENTIAL AND NON-RESIDENTIAL MODELS AND
  ASSUMPTIONS ARE SIMILAR
• DUST GENERATION
• RESIDENTIAL - BASED ON WIND
• NON-RESIDENTIAL - BASED ON VEHICULAR TRAFFIC

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSIMPACT TO GROUND WATER PATHWAY

• BACK CALCULATION OF THE LEVEL OF A GIVEN
  CONTAMINANT IN WHICH WILL NOT RESULT IN THE
  EXCEEDANCE OF THE GROUND WATER QUALITY STANDARD.

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSIMPACT TO GROUND WATER PATHWAY

• DEVELOPMENT OF GENERIC STANDARDS FOLLOWING THE
  EPA APPROACH IN THE SOIL SCREENING LEVELS
  DOCUMENT
• USE OF A SIMPLE LINEAR EQUILIBRIUM SOIL/WATER
  PARTITIONING EQUATION TO ESTIMATE CONTAMINANT
  RELEASE IN SOIL LEACHATE
• SIMPLE WATER BALANCE EQUATION TO CALCULATE A
  GROUND WATER DILUTION FACTOR

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSIMPACT TO SURFACE WATER PATHWAY

• BACK CALCULATION OF THE LEVEL OF A GIVEN
  CONTAMINANT IN WHICH WILL NOT RESULT IN THE
  EXCEEDANCE OF THE SURFACE WATER QUALITY STANDARD.

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
GENERIC STANDARDSIMPACT TO SURFACE WATER PATHWAY

• NO GENERIC STANDARDS WILL BE PROPOSED AS THE
  MODELS USED ARE HIGHLY DEPENDENT UPON SITE
  SPECIFIC CONDITIONS.
• ONLY A DESCRIPTION OF THE MODEL(S) TO BE USED
  WILL BE IN THE RULE
• DEVELOPMENT OF IMPACT TO SURFACE WATER SOIL
  STANDARDS WILL BE DONE ONLY IF THERE IS A
  POTENTIAL FOR SURFACE WATER IMPACT

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
ALTERNATIVE REMEDIATION STANDARDS

• PROVIDED FOR IN THE BROWNFIELDS ACT
  (NJSA 5810B12f)
• THREE LEVELS OR TIERS
• GENERIC REMEDIATION STANDARDS USING DEFAULT
  ASSUMPTIONS
• ALTERNATIVE REMEDIATION STANDARDS USING SITE
  SPECIFIC FACTORS IN LIEU OF DEFAULT VALUES
• ALTERNATIVE REMEDIATION STANDARDS DERIVED FROM A
  MORE COMPLEX RISK ASSESSMENT

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
ALTERNATIVE REMEDIATION STANDARDS

• AS NOTED IN THE BROWNFIELDS ACT
• BURDEN OF PROOF OF THE PROTECTIVENESS OF THE ARS
  LIES WITH THE PERSON PROPOSING THE ARS
• THE DEPARTMENT CAN DEVELOP/IMPLEMENT AN ARS
• AN ARS CAN BE LOWER THAN THE GENERIC STANDARD

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
ALTERNATIVE REMEDIATION STANDARDS

• FLEXIBILITY TO DEVELOP AN ALTERNATIVE REMEDIATON
  STANDARD EARLY IN THE REMEDIATION PROCESS (I.E.,
  DURING THE SITE INVESTIGATION OR REMEDIAL
  INVESTIGATION STAGES)

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
ALTERNATIVE REMEDIATION STANDARDS

• INGESTION - PRIMARILY GENERIC STANDARDS
• INHALATION - MIXED USE OF GENERIC AND SITE
  SPECIFIC STANDARDS
• IMPACT TO GROUND WATER - PRIMARILY SITE SPECIFIC
  STANDARDS
• IMPACT TO SURFACE WATER - SOLELY SITE SPECIFIC
  STANDARDS

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SOIL REMEDIATION STANDARDS DEVELOPMENT OF
ALTERNATIVE REMEDIATION STANDARDS

• NEED TO CONSIDER THE LEAP FROG EFFECT
• 10PPM 50PPM 100PPM
  200PPM 400PPM
• GENERIC GENERIC ARS
  GENERIC ARS
• GW IMPACT INHALATION GW IMPACT
  INGESTION INHALATION
• 
  
  

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SOIL REMEDIATION STANDARDSCOMPLIANCE ISSUES

• APPLICATION OF SOIL REMEDIATION STANDARDS TO
  DETERMINE IF A SITE IS CLEAN OR HAS BEEN
  REMEDIATED.

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SOIL REMEDIATION STANDARDSCOMPLIANCE ISSUES

• ALL POINT COMPLIANCE V. AVERAGING
• CONCEPT OF FUNCTIONAL AREA
• MAY VARY WITH LAND USE SCENARIO
• AVERAGING V. REMEDIAL STAGE
• CONTAMINATION MUST BE DELINEATED