Draft Final Safe Fill Regulations

1
Draft Final Safe Fill Regulations

• Major Changes/Revisions
• Presented to the CSSAB
• November 8, 2002

2
Whats new in Safe Fill Definition?

• Definition is short as a result of
• Due diligence procedures moved to 287.11(b)
• Exceptions transformed into a new section,
  287.12
• Definition is limited to the following
  uncontaminated materials
• soil containing stone and rock
• dredged material
• used asphalt
• brick, block, concrete (segregated or mixed) from
  C/D activities

3
Safe Fill Definition (continued)

• Safe fill materials meet the following
• Not affected by a spill or release
• No visible staining, odor or sensory nuisance
  from chemical contaminants associated with the
  material
• Meet numeric standards of 287.11(b) --- lower of
  residential GV or DC (SHS), based on due
  diligence
• Determination that material is safe fill based on
  287.12
• Burden of proof on user to demonstrate material
  is safe fill
• Safe fill not regulated as waste when used as fill

4
Safe Fill Due Diligence and Safe fill Numeric
Standards 287.11

• Due diligence requirements now in 287.11(a)
• 2 options instead of proposed three options
  field screening allowed
• Numeric standards moved from 287.11(a) to
  287.11(b)
• No change from proposed except following
• PQL added to 287.1(b)(1)(C) to demonstrate
  compliance with SF numeric standards if std.
  lower than PQL

5
Safe Fill Due Diligence and Safe fill Numeric
Standards 287.11

• No changes to proposed composite and discrete
  sampling procedures in 287.11(now subsections c,
  d e) except added subsection (f) as follows
• Statistical analysis requirements added to
  287.11(f)
• 95 UCL of the arithmetic mean to demonstrate
  material meets SF numeric standards
• Overall, draft final regulations will allow for
  field and laboratory screening of material
  including composite, discrete and statistical
  sampling and analyses

6
New 287.12Determination that a material is safe
fill

• 287.12(a)(1) Material not affected by a spill
  or release
• Applies to soil or dredged material only
• No visible staining, no odor or nuisance
• Num. standards may be above SF but must be below
  nonresidential SHS (cap)
• Use limited to
• Right-of-way
• Offsite of residential property
• Within a property

7
New 287.12(a)(1) (continued)

• For dredged material, additional uses limited to
• As beach nourishment on adjacent land (sand and
  gravel)
• As soil additive/soil substitute for commercial
  or industrial purposes
• As fill for residential purposes except blending
  required with clean soil/dredge and blend must
  meet safe fill numeric standards

8
New 287.12(a)(1) (continued)

• Determination requires
• Appropriate level of due diligence to demonstrate
  material not subject to a spill/release and
  below nonresidential numeric standards
• Maintain documentation in support of
  determination
• Submit Notice of Determination to Department

9
New 287.12(a)(2) (continued)

• 287.12(a)(2) Material affected by a spill or
  release
• Applies to soil, dredged material or historic
  fill only
• Visible staining acceptable but no odor or
  nuisance
• Num. standards may be above SF but lt
  nonresidential SHS
• Use limited to
• Right-of-way
• For historic fill, can be moved offsite in
  amounts lt 500 cy/excavation location used as
  fill or as construction material
• Within a property

10
New 287.12(a)(2) (continued)

• Determination requires following
• Must conduct sampling /analysis to demonstrate
  material is below nonresidential num. standards
  (cap)
• Maintain documentation to support determination
• Submit Notice of Determination to Department
• Submit proof of recorded, amended deed to
  Department that includes following
• Deed includes exact location of the fill placed
  on the property
• Deed to be part of all future conveyances or
  transfers of subject property

11
New 287.12(c)(7) (continued)

• Deed notice not required for
• Material is not affected by a spill or release,
  is above safe fill but below nonresidential
  standards and no visible staining, odor, nuisance
  
• Material is affected by a spill or release, is
  above safe fill numeric standards but at or below
  background level at the property

12
New 287.13. Relationship of Safe Fill to
surface Waters

• For placement of safe fill (meets definition and
  SF numeric standards) into or along surface
  waters, following required
• Approval under Chapter 105
• May not produce leachate in excess of residential
  GWMSC for used aquifer and TDSlt2500 mg/L by SPLP
• Comply with water quality standards in Chapters
  93 16
• If safe fill determination based on 287.12,
  cannot be placed into waters of the Commonwealth

13
New 287.13(continued)

• For placement into waters in active/abandoned
  mine or abandoned quarry as reclamation
• Approved sampling/analysis plan
• Comply with water quality standards in Chs.93 and
  16
• 10 of safe fill numeric standards
• For metals, in lieu of 10, SPLP analysis to show
  material will not produce leachate in excess of
  residential GWMSC for used aquifer/TDSlt2500 mg/L.
  Applies only if GW monitoring is conducted where
  material is placed

14
Permit by Rule 271.103(i)

• For placement of contaminated and segregated or
  mixed brick, block and concrete from C/D
  activities
• No distinction made between waste from industrial
  properties or from residential/commercial
  properties
• Proposed numeric standards retained lower of
  residential generic value or residential direct
  contact in aquifers used or planned for use with
  TDSlt2500 mg/L
• Requirements to be met for placement of waste
  into or along waters or into waters in
  active/abandoned mines or abandoned quarries for
  reclamation, same as in the new 287.13

15
Permit by Rule - 287.102(j)

• Three proposed PBRs (j,k l) consolidated into
  one PBR (j)
• Applies to contaminated soils, dredged material,
  used asphalt and historic fill
• Nonresidential SHS are required for regulated
  substances in the material as opposed to proposed
  residential SHS
• Materials to meet lower of the nonresidential
  generic value or nonresidential direct contact
  value

16
Permit by Rule - 287.102(j)

• Material may be beneficially used
• To bring an area to grade
• As construction material
• For control of fire and subsidence events or
• In reclamation of active/abandoned mines or
  abandoned quarries if approved by the Department
  
• All conditions proposed for the 3 PBRs are
  retained and new ones added, as listed
• Document longitude and latitude of location where
  materials are placed for use

17
Permit by Rule - 287.102(j) (continued)

• New conditions
• Eliminate direct contact pathways promptly
  permanently
• Submit copies of records of analytical
  evaluations along with written notice to
  Department as opposed to the proposed when
  requested by the Department
• Above records to also include the following
• A recorded, amended deed that includes exact
  location where material is placed at the
  property, description of contamination from
  sampling and analysis
• Deed to be part of all future conveyances or
  transfers of subject property

18
Permit by Rule - 287.102(k)

• Proposed PBR (m) for placement of contaminated
  soil at a site undergoing remediation is retained
  without change except it is now subsection (k)
  instead of (m)

19
Minor Changes

• Historic fill definition will be amended to
  reflect volume increase
• 287.2 (relating to Scope) expanded to include
  following activities as not regulated under the
  residual waste regulations
• 287.2(e)(3) noncoal materials excavated from
  active mines and quarries in compliance with
  Chapter 77.
• 287.2 (e)(4) Commercial dredging operations
  where mainly sand and gravel are dredged in
  compliance with Department-issued Chapter 105
  permit, 401 certification, and consistency
  determination under the Coastal Zone Management
  Program

20
Changes to Appendix A

• Proposed Table 4 deleted due to consolidation of
  3 PBRs into one in 287.102(j)
• Proposed Table 5 is now Table 4 lists numeric
  stds. for organics for PBRs (287.102(j)
  271.103(i))
• Proposed Table 6 is now Table 5 lists numeric
  stds. for metals and inorganics for PBRs
  (287.102(j) 271.103(i))
• Numeric values in all 5 Tables are corrected to
  be in compliance with the amended Act 2
  regulations