february 16, 2016 department of environmental quality · n.c.g.s. 130a-310.65-310.77 o allows...
TRANSCRIPT
Department of Environmental Quality
February 16, 2016
Risk-based Remediation in NC DEQ
• Site-wide risk-based cleanup of environmental contamination was previously only available under:
o Dry-Cleaning Solvent Cleanup Act of 1997
o Leaking Underground Storage Tank Cleanup Act of 1988
o Pre-Regulatory Landfill Program (2007)
• In 2011, Session Law 2011-186 (aka, HB-45) expanded use of risk-based cleanups (N.C.G.S. 130A-310.65-310.77)
o Extended risk-based remediation to all NCDEQ programs
o Limited eligible sites to primarily industrial properties with releases reported prior to March 1, 2011, and where releases would not migrate off the source property
o Allowed use of risk-based standards for groundwater (on-site only)
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Department of Environmental Quality
Recent Amendments
• In October 2015, Session Law 2015-286 (aka, HB-765) amended N.C.G.S. 130A-310.65-310.77
o Allows risk-based cleanup regardless of when release occurred
o Allows risk-based cleanup at all sites, not just industrial manufacturing sites
o Allows risk-based remedies for sites where contamination has migrated or will migrate off-property (with property owner’s permission)
o Amends the required fees for risk-based remedies
• Risk-based remediation is envisioned as a cleanup option for sites where contributing sources of contamination have been addressed, and data indicate that groundwater plumes are predictable
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Session Law 2015-286 Directives to NC DEQ
• Develop internal processes to govern remediation of contaminated sites that are consistent across all NC DEQ programs
• Develop a coordinated program for remediation of contaminated sites that are subject to more than one program
• Develop reforms to expand the role of, and otherwise enhance use of, Registered Environmental Consultants for risk-based cleanups
• Examine criteria for development of site-specific remediation standards and specific distances to receptors and surface water, to ensure protection of public health and the environment
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Cleanup Options Based on Land Use
• Unrestricted use of property
o Requires cleanup to established health-based state standards
15A NCAC 2L Standards for groundwater 15A NCAC 2B Standards for surface water EPA-based screening levels for soil and vapor
• Restricted use of property
o Cleanup of environmental contamination to levels that do not pose an unacceptable risk to human health and the environment
15A NCAC 2B Standards for surface water must still be met
o Site-specific cleanup levels are determined based on site conditions and future use of the property
o Land and/or groundwater use is restricted
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Department of Environmental Quality
Remediation Process
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Active Remediation
Contaminant removal or
treatment
Effectiveness monitoring
Conceptual Site
Model & Site
Assessment
Delineate
Evaluate plume
stability
Identify pathways &
receptors
Risk Screening
Screening tables
Based on conservative
EPA exposure
assumptions & toxicity
data
Based on residential
land use assumptions
Immediate Risk
Mitigation
Provide potable water
Mitigate vapor intrusion
Site-Specific Risk Assessment
Evaluate cumulative exposure risk for
complete pathways for all media
Evaluate GW transport & stability
(monitoring and/or modelling)
Evaluate ecological risk
Determine site remediation levels that
are protective
Risk Management
Engineering Controls
Institutional Controls
Strategy to Promote Consistency across
NC DEQ Cleanup Programs
• In 2014, the Remediation Team was assembled to compare and
document individual program processes (in response to SL 2014-
120: Study Use of Contaminated Property)
o Brownfields Program
o Hazardous Waste Section
o Solid Waste Section
o Superfund Section
Inactive Hazardous Sites Branch
Federal Remediation Branch
Special Remediation Branch (Dry Cleaning Solvent Cleanup)
Pre-Regulatory Landfill Unit
o Underground Storage Tank Section
Petroleum releases governed by NC DEQ’s UST Section will continue using the procedures established by Rule
o Division of Water Resources
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Remediation Guidance and Tools
• Create common web-accessible guidance documents
o Technical guidance for assessment and remediation (in progress)
o Administrative procedures/fees for risk-based cleanup (preliminary draft prepared)
o Risk screening and evaluation procedures (screening tables drafted, guidance in
progress)
o Uniform land-use restriction guidelines and templates (in progress)
o Standardized documents and forms (in progress)
• Develop common web-accessible user tools
o Human health risk evaluation (risk spreadsheet development underway)
o GIS-based contaminated site locator (beta-version developed)
o GIS-based land-use control locator/tracking tool (in progress)
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Supporting Documentation and Assistance
• Prepare publication required for adjacent property owners affected by contamination (preliminary draft prepared)
o In consultation with NC Department of Justice, the NC Real Estate
Commission, and the NC Realtors Association
• Provide website links regarding risk-based remediation (in progress)
o Common set of condition-specific fate and transport models
o Technical references
o EPA guidance
• Provide training/outreach sessions (to be developed)
o Internal and public users of risk evaluation tool
o Internal cross training of project managers
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Preliminary Fee Structure• Application fee not to exceed $5,000 per contaminated acre ($100,000
max), and based on the following considerations:
o Acreage of site
o Remaining contamination on the source property
o Complexity of the cleanup
o NC DEQ resources based on needed oversight
o Entry in the privatized Registered Environmental Consultant Program
• Long-term stewardship fee following RAP approval at $500 per contaminated acre ($25,000 max)
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VS
Timeline
• By March 1, 2016, NC DEQ must develop:
• a risk-based remediation process
• a coordinated risk-based remediation program
• reforms to expand the role of REC
• criteria for site-specific risk-based standards
• By April 1, 2016, NC DEQ must report to the Environmental Review Commission on activities, findings, recommendations and/or legislative proposals that it deems advisable.
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QUESTIONS?
Department of Environmental Quality
Contact Information
Linda Culpepper, Director
Division of Waste Management
NC Department of Environmental Quality
919-707-8235
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Department of Environmental Quality