SOIL REMEDIATION STANDARDS

1. SOIL REMEDIATION STANDARDS CURRENT DEVELOPMENTS Barry Frasco NJDEP 9/18/02

2. SOIL REMEDIATION STANDARDSLEGISLATIVE HISTORY • P.L. 1993 c.139 (S-1070) • “HAZARDOUS SITE DISCHARGE REMEDIATION ACT” • P.L. 1997 c.278 (S-39) • “BROWNFIELD AND CONTAMINATED SITE REMEDIATION ACT” • NEW JERSEY STATUTES ANNOTATED REFERENCE - NJSA 58:10B

3. SOIL REMEDIATION STANDARDSLEGISLATIVE REQUIREMENTS • REMEDIATION STANDARDS TO BE RISK BASED • DEVELOPMENT OF RESIDENTIAL AND NON-RESIDENTIAL SOIL REMEDIATION STANDARDS • DEVELOPMENT OF SOIL REMEDIATION STANDARDS THAT ARE PROTECTIVE OF GROUND WATER AND SURFACE WATER

4. SOIL REMEDIATION STANDARDSLEGISLATIVE REQUIREMENTS • STANDARDS TO BE CONTAMINANT SPECIFIC (NO CUMULATIVE EFECTS OF MORE THAN ONE CONTAMINANT) • PROVISION FOR ALTERNATIVE SOIL REMEDIATION STANDARDS BASED UPON SITE SPECIFIC FACTORS • UNTIL SOIL REMEDIATION STANDARDS ARE ADOPTED, STANDARDS CAN BE DEVELOPED/APPLIED ON A SITE SPECIFIC BASIS

5. SOIL REMEDIATION STANDARDSLEGISLATIVE REQUIREMENTS • NO ECOLOGICAL BASED STANDARDS CAN BE PROPOSED OR ADOPTED UNTIL THE ENVIRONMENT ADVISORY TASK FORCE COMPLETES IT WORK. • HOWEVER, ECOLOGICAL BASED STANDRDS CAN BE DEVELOPED/APPLIED OF A SITE SPECIFIC BASIS

6. SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT STATUS DEVELOPMENT OF GENERIC STANDARDS • LAND USE SCENARIOS • RESIDENTIAL • NON-RESIDENTIAL (WORKER)

7. SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT STATUS DEVELOPMENT OF GENERIC STANDARDS • EXPOSURE PATHWAYS • INGESTION • INHALATION • IMPACT TO GROUND WATER • IMPACT TO SURFACE WATER • DERMAL (Cr+6 - ALLERGIC CONTACT DERMATITIS)

8. SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT STATUS DEVELOPMENT OF GENERIC STANDARDS • USING THE TOXICITY FACTOR HIERARCHY FOR THE INGESTION/INHALATION PATHWAYS • CALCULATE A SOIL REMEDIATION STANDARD FOR BOTH CANCER AND NON-CANCER HEALTH ENDPOINTS • LOWEST DERIVED STANDARD BECOMES THE GENERIC STANDARD FOR THE GIVEN CONTAMINANT

9. SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT STATUS DEVELOPMENT OF GENERIC STANDARDS INGESTION PATHWAY INHALATION PATHWAY CANCER NON-CANCER CANCER NON -CANCER ENDPOINT ENDPOINT ENDPOINT ENDPOINT (20 PPM) (500 PPM) (100 PPM) (800 PPM) GENERIC SOIL REMEDIATION STANDARD IS THE LOWEST LEVEL

10. SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT STATUS DEVELOPMENT OF GENERIC STANDARDS • MODIFYING FACTORS • BACKGROUND • CONTAINED IN BROWNFIELD ACT • MUST BE “NATURAL” BACKGROUND • IF HEALTH BASED CONCENTRATION IS LESS THAN “BACKGROUND”, GENERIC STANDARD WILL BE SET AT BACKGROUND • OPTION TO CONDUCT A SITE SPECIFIC BACKGROUND DETERMINATION WILL STILL EXIST

11. SOIL REMEDIATION STANDARDSCURRENT DEVELOPMENT STATUS DEVELOPMENT OF GENERIC STANDARDS • MODIFYING FACTORS • ANALYTICAL QUANTITATION LIMITS • PQLs TO BE BASED ON ACTUAL ANALYTICAL METHODS USED • IF HEALTH BASED CONCENTRATION IS LESS THAN THE PQL, GENERIC STANDARD WILL BE SET AT THE PQL

12. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSEXPOSURE PATHWAYS - MODELS AND ASSUMPTIONS • GENERAL ASSUMPTIONS • USE OF USEPA MODELS TO THE GREATEST EXTENT PRACTICABLE • USE OF USEPA “DEFAULT’ ASSUMPTIONS (MAJOR EXCEPTION - USE OF NEW JERSEY VALUES OVER NATIONAL VALUES)

13. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSINGESTION PATHWAY USE OF USEPA MODELS TO THE GREATEST EXTENT PRACTICABLE USE OF USEPA “DEFAULT’ ASSUMPTIONS

14. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSINHALATION PATHWAY • ACCEPTABLE AIR CONCENTRATION DETERMINED • CARCINOGENS - UNIT RISK FACTOR (URF) • NON-CARCINOGENS - REFERENCE CONC. (RfC) • BACK CALCULATION OF WHAT LEVEL IN SOIL WILL NOT EXCEED THE ACCEPTABLE AIR CONCENTRATION USING COMBINED EMISSION AND DISPERSION MODELING

15. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSINHALATION PATHWAY • VOLATILIZATION • RESIDENTIAL AND NON-RESIDENTIAL MODELS AND ASSUMPTIONS ARE SIMILAR • DUST GENERATION • RESIDENTIAL - BASED ON WIND • NON-RESIDENTIAL - BASED ON VEHICULAR TRAFFIC

16. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSIMPACT TO GROUND WATER PATHWAY • BACK CALCULATION OF THE LEVEL OF A GIVEN CONTAMINANT IN WHICH WILL NOT RESULT IN THE EXCEEDANCE OF THE GROUND WATER QUALITY STANDARD.

17. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSIMPACT TO GROUND WATER PATHWAY • DEVELOPMENT OF GENERIC STANDARDS FOLLOWING THE EPA APPROACH IN THE SOIL SCREENING LEVELS DOCUMENT • USE OF A SIMPLE LINEAR EQUILIBRIUM SOIL/WATER PARTITIONING EQUATION TO ESTIMATE CONTAMINANT RELEASE IN SOIL LEACHATE • SIMPLE WATER BALANCE EQUATION TO CALCULATE A GROUND WATER DILUTION FACTOR

18. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSIMPACT TO SURFACE WATER PATHWAY • BACK CALCULATION OF THE LEVEL OF A GIVEN CONTAMINANT IN WHICH WILL NOT RESULT IN THE EXCEEDANCE OF THE SURFACE WATER QUALITY STANDARD.

19. SOIL REMEDIATION STANDARDS DEVELOPMENT OF GENERIC STANDARDSIMPACT TO SURFACE WATER PATHWAY • NO GENERIC STANDARDS WILL BE PROPOSED AS THE MODELS USED ARE HIGHLY DEPENDENT UPON SITE SPECIFIC CONDITIONS. • ONLY A DESCRIPTION OF THE MODEL(S) TO BE USED WILL BE IN THE RULE • DEVELOPMENT OF IMPACT TO SURFACE WATER SOIL STANDARDS WILL BE DONE ONLY IF THERE IS A POTENTIAL FOR SURFACE WATER IMPACT

20. SOIL REMEDIATION STANDARDS DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS • PROVIDED FOR IN THE BROWNFIELDS ACT (NJSA 58:10B12f) • THREE LEVELS OR TIERS • GENERIC REMEDIATION STANDARDS USING DEFAULT ASSUMPTIONS • ALTERNATIVE REMEDIATION STANDARDS USING SITE SPECIFIC FACTORS IN LIEU OF DEFAULT VALUES • ALTERNATIVE REMEDIATION STANDARDS DERIVED FROM A MORE COMPLEX RISK ASSESSMENT

21. SOIL REMEDIATION STANDARDS DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS • AS NOTED IN THE BROWNFIELDS ACT: • BURDEN OF PROOF OF THE PROTECTIVENESS OF THE ARS LIES WITH THE PERSON PROPOSING THE ARS • THE DEPARTMENT CAN DEVELOP/IMPLEMENT AN ARS • AN ARS CAN BE LOWER THAN THE GENERIC STANDARD

22. SOIL REMEDIATION STANDARDS DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS • FLEXIBILITY TO DEVELOP AN ALTERNATIVE REMEDIATON STANDARD EARLY IN THE REMEDIATION PROCESS (I.E., DURING THE SITE INVESTIGATION OR REMEDIAL INVESTIGATION STAGES)

23. SOIL REMEDIATION STANDARDS DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS • INGESTION - PRIMARILY GENERIC STANDARDS • INHALATION - MIXED USE OF GENERIC AND SITE SPECIFIC STANDARDS • IMPACT TO GROUND WATER - PRIMARILY SITE SPECIFIC STANDARDS • IMPACT TO SURFACE WATER - SOLELY SITE SPECIFIC STANDARDS

24. SOIL REMEDIATION STANDARDS DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS NEED TO CONSIDER THE “LEAP FROG” EFFECT 10PPM 50PPM 100PPM 200PPM 400PPM GENERIC GENERIC ARS GENERIC ARS GW IMPACT INHALATION GW IMPACT INGESTION INHALATION

25. SOIL REMEDIATION STANDARDSCOMPLIANCE ISSUES • APPLICATION OF SOIL REMEDIATION STANDARDS TO DETERMINE IF A SITE IS “CLEAN” OR HAS BEEN REMEDIATED.

26. SOIL REMEDIATION STANDARDSCOMPLIANCE ISSUES • ALL POINT COMPLIANCE V. AVERAGING • CONCEPT OF “FUNCTIONAL AREA” • MAY VARY WITH LAND USE SCENARIO • AVERAGING V. REMEDIAL STAGE • CONTAMINATION MUST BE DELINEATED