Regulatory Acceptance for New Solutions

1. Regulatory Acceptance for New Solutions Presented byBrian Sogorka, NJDEPRemedial Technology Manager 609-633-1344, brian.sogorka@dep.state.nj.us

2. 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.

3. 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

4. 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

5. 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

6. ECOS/ERIS State institutional support Enable state staff participation Funding support Fiscal agent Board of Directors Two PublicStakeholders (Industry,Env) Federal Partners EPA DOE DOD Ex Officio Co-Chairs State State EngagementState Point of Contact Network (41 POCs) State Engagement Coordinator Association Affiliates WGA and SSEB Ex Officio Team Leader Liaison - State • Ensure state awareness/use of ITRC products • Coordinate training on ITRC products • Coordinate concurrence on ITRC products • Coordinate concurrence on ITRC products 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

7. Products & Services • Regulatory and Technical Guidelines • Technology Overviews • Case Studies • Peer Exchange • Technology Advocates • Classroom Training Courses • Internet-Based Training Sessions

8. 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

9. 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

10. 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

11. 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)

12. 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

13. 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

14. 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 DOE’s remediation needs (metals, organics, asbestos, mixed waste) • Several technical teams are dedicated to problems of particular concern to DOE

15. 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

16. State Engagement Program • Ensures ITRC documents are available, understood, and used • Promotes multistate concurrence of technical and regulatory guidelines • Coordinates Internet-based training • Documents ITRC’s successes • Promotes regulatory innovation • Promotes peer exchange

17. Nationwide Success

18. Active Technical Teams • MTBE-Contaminated Groundwater • Permeable Reactive Barriers • Radionuclides • Remedial Process Optimization • Sampling, Characterization, and Monitoring • Small Arms Firing Range • Unexploded Ordnance • Alternative Landfill Technologies • Brownfields • Constructed Wetlands • Contaminated Sediments • Dense Nonaqueous Phase Liquids • Diffusion Samplers • DOE Gate 6 Technologies • In Situ Bioremediation

19. 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

20. 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 •SCAPS—LIF •SCAPS—VOCs Status: Closed out in 1998 Success: Document helped Texas use SCAPS—LIF at an EPA Superfund creosote site

21. 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

22. 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

23. Constructed Wetlands Status: New team in 2002 Activities: • Developing a Technical and Regulatory Guidance Document • Developing an Internet-based training course and a classroom training module Value: Self-sustaining manmade wetlands built specifically to treat contaminants

24. 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, USEPA’s Remediation Technology Development Forum, and USEPA’s 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

25. Dense Nonaqueous Phase Liquids Value: Unremoved DNAPLs sources could continue to contaminate groundwater for centuries Products:•Technology Overview—Dense Non-Aqueous Phase Liquids: Review of Emerging Characterization and Remediation Technologies •Regulatory Overview—DNAPL 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

26. 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 User’s 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

27. 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

28. 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

29. 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

30. 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

31. 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 Status: Closed out in 2001, but Internet training continues

32. Low-Temperature Thermal Desorption Value: Removes hazardous solvents and other contaminants from mixed waste, reducing waste volume and lowering disposal costs Products: Guidelines 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

33. 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

34. 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

35. Permeable Reactive Barriers Value: Offers potential to restore many types of sites to the standards that can’t 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 installation—took less than four months in New Jersey

36. Phytotechnologies Value: Contribute to the understanding of phytoremediation applications, processes, and reliability Products: •Phytoremediation Decision Tree document and online tool •Phytotechnology Technical and Regulatory Guidance Document Status: Closed out in 2001, but classroom and Internet-based training courses continue

37. 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

38. 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

39. 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

40. 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

41. 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 Sampling, Characterization, & Monitoring

42. 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

43. 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: Developing Internet-based training and multiple Technical and Regulatory Guidance Documents

44. Contacts Web Site: http://www.itrcweb.org Cochairs, ITRC Board of Directors: Brian C. Griffin Oklahoma Secretary of Environment (405) 530-8995 bcgriffin@owrb.state.ok.us Ken Taylor SC Department of Health and (803) 896-4011 Environmental Control taylorgk@dhec.state.sc.us Program Director: Rick Tomlinson rickt@sso.org (202) 624-3669