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Bill Janes and Earl Crapps Department of Environmental Conservation

Regulations Development Update Oil and Other Hazardous Substances Pollution Control Regulations AAEP Meeting November 12, 2008. Bill Janes and Earl Crapps Department of Environmental Conservation Division of Spill Prevention and Response Contaminated Sites Program. Presentation Overview

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Bill Janes and Earl Crapps Department of Environmental Conservation

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  1. Regulations Development UpdateOil and Other Hazardous SubstancesPollution Control RegulationsAAEP MeetingNovember 12, 2008 Bill Janes and Earl Crapps Department of Environmental Conservation Division of Spill Prevention and Response Contaminated Sites Program

  2. Presentation Overview Site cleanup rules background Multi-phase revision approach Modifications effective October 8 Petroleum Issues Audience discussion and input

  3. Background Cleanup rules (18 AAC 75.325-390) developed over 10 years ago - no major changes since Default cleanup levels in look-up tables Risk-based approach allows for alternative cleanup levels Similar regulations for regulated UST cleanups developed in early 1990s (18 AAC 78) Cleanup levels in 75 adopted by reference Lab approval program in 78 Differences in terminology and procedure

  4. Multi-Phase Revision Approach • Phase I - Completed • Updated Table B1 and Table C cleanup levels • Updated several other technical requirements • Addressed certain policy issues • Performed housekeeping

  5. Multi-Phase Revision Approach • Phase II (current) and Beyond • Update technical and policy requirements • Merge 75 and 78 cleanup sections • Introduce a new QA/QC section • Develop clear and consistent submittal review and approval criteria

  6. Multi-Phase Revision Approach • Phase II and Beyond • Clarify regulation, procedure, and guidance • Perform regular housekeeping • Evaluate and possibly revise the petroleum fraction cleanup levels

  7. Web Site Resourceshttp://www.dec.state.ak.us/spar/csp/reg_rev.htm • Q&A Fact Sheet • Comment response summary • Summary of 2008 Proposed Changes • Revised Regulations • Cleanup Levels Guidance • Cumulative Risk Guidance • Soil Water Partitioning Equation Tech Memo • Cleanup Levels Comparison Spreadsheet • Regulations Update Presentation (Nov. 2008) • Petroleum Cleanup Levels Discussion Paper

  8. Phase I Revision Details • Changed cumulative non-cancer HI to one significant figure (325 (g) and (h) • Updated citations - ADF&G, ADNR, Standard Methods, ASTM, 40 C.F.R. (325 h and k) • “Ingestion” replaced with “Direct Contact” (340) • Cleanup level tables updated (341 and 345) • Uses Risk Assessment Information System (RAIS) • Added new chemicals to tables • Statewide migration to groundwater cleanup level

  9. Phase I Revision Details Added new column to cleanup level tables to distinguish between carcinogenic and non-carcinogenic contaminants Repealed the GW “10X” cleanup level option (345 (b)(2)) Clarified when the department may eliminate the use of institutional controls (375(f))

  10. Phase I Revision Details Updated regional master discharge prevention and contingency plan boundary for Western AK Clarified definition of “carcinogen” (990 (12) Placed definition of “risk assessment” into regulation (990(109)

  11. Phase I Revision Details – Cleanup Levels Guidance • Revised soil-water partitioning equation • Fixed mixing zone depth of 5.5 meters • Technical memo provides detailed discussion • http://www.dec.state.ak.us/spar/csp/guidance/soil.water.part_tm.pdf • Added default Surface Area and Adherence Factors to commercial/industrial cleanup levels

  12. Phase I Revision Details – Cleanup Levels Guidance Added Absorption Factor (ABS) column for chemicals that have dermal risk effects for dermal contact pathway Added “selection of compounds for dermal absorption” section

  13. Phase I Revision Details – Cumulative Risk Guidance Added PAHs to the indicator compounds table Added table of fugitive dust COPCs Updated compounds that exceed cancer risk standard and HQ of 1.0 at the Table C groundwater cleanup levels

  14. Petroleum Fractions - Technical and Policy Issues

  15. Comments – Table B2 • No technical basis for the petroleum maximum allowable concentrations • Request to move the maximum allowable issue to phase 2 of the regulation revisions • Objection to a rigid concept regarding maximum allowable concentrations • Maximum allowable concentrations create unreasonable demand for cleanup and a marginal reduction in risk at high cost

  16. Comments – Table B2 • Request to use SOC papers to develop technically accurate and defensible migration to groundwater cleanup levels for petroleum • Objection to applying a statewide migration to groundwater cleanup level to Arctic sites

  17. Comments – Table B2 • Objection to applying the three-phase equation to both vadose zone and saturated zone soils • Objection to rescinding the aliphatic/aromatic cleanup levels; important scientific link to the total fractions broken • Petroleum fraction cleanup levels do not reflect how fuels migrate in the subsurface • Fuel contamination in groundwater generally due to smear zone contact, not leachate migration through soil

  18. Issue 1 - Aliphatic and Aromatic Soil Cleanup Levels • DEC considering repeal in order to simplify regulations and follow current practice • Technical foundation for the total GRO, DRO, RRO cleanup levels would remain

  19. Issue 2 - Maximum Allowables Option: • Rename as “residual saturation levels” • Revise to 1,000, 2,000, and 5,000 mg/kg for GRO, DRO, RRO respectively • Add text to regulations to clarify they are screening levels only • Indicate a risk of NAPL migration if exceeded Option: • Interpret literally as not-to-exceed thresholds

  20. Issue 3 - Odor and Taste • Applicable to groundwater contamination • Drinking Water Program does not regulate the petroleum fractions • Creates regulatory inconsistency

  21. Issue 4 - Cleanup Level Approaches Constituent based – targets individual compounds such as benzene Risk assessment evaluation on a case-by-case basis Subjective/arbitrary cleanup levels TPH approach Fuel Fractions – Cleanup levels range widely from state-to-state

  22. Issue 5 - Migration to Groundwater • Three-phased approach may be overly conservative • Above Csat - risk remains constant • Options: • Allow for 4-phase partition modeling • Allow for greater use of leaching analyses Three- and Four-Phase Partitioning & Human Health Risk Calculations Technical Background Report (Geosphere, CH2MHill, 2005)

  23. Issue 6 - Hydrocarbon Fraction Ranges • Current DRO and RRO ranges selected in mid-1990s as a matter of convenience • Allowed for continued use of AK 102 and 103 • Ranges not consistent with TPHWG recommendations or available data

  24. Issue 7 - Soil and GW Cleanup Level Calculations • Calculated GRO groundwater cleanup is 7.3 mg/L for aromatics and 182.5 mg/L for aliphatics • Used to calculate GRO method 2 migration to gw soil cleanup level • As a conservative measure DEC defaulted to the calculated GRO solubility, 1.3 mg/L, for the gwcleanup level • Calculated solubility not used for DRO gw cleanup level; instead the aromatic fraction (1.5 mg/L was used)

  25. Discussion

  26. Washington DRO Cleanup Level ( 2,000 mg/kg) • “Note that recently, the National Institute of Environmental Health Services has announced that naphthalene, a diesel fuel component, causes cancer in animals. If EPA proceeds with • development of a cancer potency factor for naphthalene, this could result in a much lower ground water cleanup level for naphthalene than is currently allowed under Method B, and consequently, a lower soil cleanup level for diesel range organics.” (Concise Explanatory Statement - MTCA Cleanup Regulations – February 2001)

  27. Significantly Reduced Contaminants ( 1/5 or less former level) • Soil – Direct Contact • Butylbenzylphthalate • Endrin • Tetrachloroethene (PCE) • Trichloroethene (TCE) • Xylenes (total)

  28. Significantly Reduced Contaminants ( 1/5 or less former level) • Soil – Outdoor Air Inhalation • 1,4-Dichlorobenzene • Hexachloro-1,3-butadiene • PCE • 1,2,4-Trichlorobenzene • TCE

  29. Significantly Reduced Contaminants ( 1/5 or less former level) • Soil – Migration to Groundwater • Aldrin • Bis(2-ethylhexyl)phthalate • Bromodichloromethane • Butylbenzylphthalate • p-Chloroaniline • Chlorodibromomethane (also called Dibromochloromethane) • DDD • DDE • DDT • Di-n-butylphthalate • Di-n-octylphthalate • Heptachlor • Heptachlor epoxide • Hexachlorobenzene • Hexachloro-1,3-butadiene • Hexachlorocyclopentadiene • Hexachloroethane

  30. Significantly Reduced Contaminants ( 1/5 or less former level) • Groundwater • Bromodichloromethane • p-Chloroaniline • Chlorodibromomethane (Dibromochloromethane)

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