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Responding to Soil Contamination in the Moanataiari Subdivision. And when the NES does and does not apply May 2012. Messages of this presentation:. Managing human health risk remains the key issue
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Responding to Soil Contamination in the Moanataiari Subdivision And when the NES does and does not apply May 2012
Messages of this presentation: • Managing human health risk remains the key issue • Until triggered, the NES does not apply to ongoing lawfully established activities, regardless of the soil contamination until there is a change in use, subdivision, earthworks • To more valuably inform of risk and appropriate response, health risk assessment work is required • In the meantime, health risk is being managed within the guidelines issued by the MoH and WDHB
What is the NES? • A regulation under the Resource Management Act, 1991 • National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) • NZ Regulation in force since 1 January 2012 • Purpose – a planning tool to ensure: • Identification and assessment of land affected by contaminated soil • Appropriate assessment of contaminated land at the time of land being developed, subdivided, or disturbed; and, • If necessary, remediation or contaminant containment to make land safe for human use • Reflects NZ government policy on acceptable increased risk • Acceptable risk level is 1 in 100,000 • Developed Soil Contaminant Standards (SCS) for priority contaminants
How does the NES apply to Moanataiari? • The NES • Only triggered if the land is subdivided, developed or disturbed • Unless triggered, cannot require remediation to be undertaken, even if the land is unfit for its current use • Once triggered, consents may be required to undertake activities/land use
Acceptable Risk Level • Contaminants in soil can have adverse effects on human health • Based on a number of factors, including the reference health standard: • Estimated daily amount that can be taken into the body without exceeding an acceptable risk level • The arsenic concentration in soil for a standard residential scenario that gives rise to this dose is 20 mg/kg (SCS for arsenic)
What is a Soil Contaminant Standard • The SCS is a New Zealand risk based standard to protect human health that: (NES or otherwise) • Serves to indicate whether there is a potential risk to human health • When exceeded, serves as conservative clean-up targets for many situations, i.e., where further investigation or site-specific risk assessment is not warranted or economic • Informs on-site management actions to address human health risk issues • Triggers further investigation to better assess the risk and/or determine site-specific criteria as a Tier 2 assessment
How was arsenic SCS derived? • Arsenic is considered a non-threshold contaminant (cancer causing) • Up to date methodology used that is not inconsistent with other countries • Uses New Zealand derived criteria: SCS (Soil ingestion) = RHS x ED x 106 IRadjx EF Where: RHS = Reference health standard (mg/kg BW/day) ED = Life time exposure (days) IRadj= Age adjusted ingestion rate (mg/day) • EF = Exposure frequency (days/year)
Arsenic SCS Assumptions • Assumptions • Contaminants are 100% bioavailable • Only a (as yet unknown) fraction of arsenic in the soil will be absorbed and able to harm health • 10% produce consumption for standard residential scenario • Not all households grow their own food
Current situation • The detailed site investigations on individual properties completed • Total arsenic and lead concentrations in the soils on Moanataiari exceed the SCS • These soils also exceed soil guideline values for thallium • The NES has not been triggered for these properties
What's next? • Undertake a Tier 2 Health Risk Assessment • The criteria that can be altered are limited • Test the assumptions, especially bioavailability • Trial underway • Develop site specific soil values for Moanataiari • Long term management of risks to human health • Consider the community’s expectations • Understand options to remediate/mitigate or manage the risks to health • Determine methods for monitoring and maintaining any health protection measures.
References • Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (http://www.legislation.govt.nz/regulation/public/2011/0361/latest/DLM4052228.html?search=ts_regulation_contaminants_resel&p=1&sr=1) • Users' Guide: National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (http://www.mfe.govt.nz/publications/rma/users-guide-nes-for-assessing-managing-contaminants-in-soil/) • Methodology for Deriving Standards for Contaminants in Soil to Protect Human Health (http://www.mfe.govt.nz/publications/hazardous/deriving-standards-for-contaminants-in-soil/index.html) • Toxicological Intake Values for Priority Contaminants in Soil (http://www.mfe.govt.nz/publications/hazardous/toxicological-intake-values-for-priority-contaminants-in-soil/index.html)