Contained-in Determination Nonrule Policy Document & Uncontaminated Soil Nonrule Policy Document

Transcription

1 Contained-in Determination Nonrule Policy Document & Uncontaminated Soil Nonrule Policy Document

2 Contained-in Policy Established to clarify hazardous waste regulations To facilitate site cleanup activities

3 Contained-in Policy U.S. Environmental Protection Agency (U.S. EPA) Contained-in Policy Soil and ground water that does not contain listed hazardous waste, and which is not otherwise hazardous, is not subject to RCRA regulation

4 Contained-in Policy A determination as to whether or not a listed waste is contained in soil or ground water may be made by authorized states based on whether constituents from listed waste are below health-based levels

5 Contained-in Policy IDEM s position is that screening levels specified in the Remediation Closure Guidance (RCG) represent appropriate health-based levels for determining if soil or ground water contain listed hazardous waste

6 Contained-in Policy If media contains hazardous waste from a listed source, it is a listed hazardous waste Unlike characteristic hazardous waste, listed hazardous waste has no lower cutoff concentration

7 Contained-in Policy Early on tested with confidence to ppm level Currently analyzing down to ppt level with some confidence What would have been a non-detect sample years ago can now be considered to be a hazardous waste due to the advances in technology

8 Contained-in Restrictions IDEM policy only covers environmental media Soil and ground water Cannot be used when media exhibits a hazardous characteristic Media still has to meet Land Disposal Restriction requirements if applicable (See 40 CFR )

9 Issues With Contained-in Requests Treatment of a waste to meet contained-in levels Excavating for the purpose of treatment would trigger RCRA Treatment might require a permit In situ treatment would not trigger RCRA

10 Confirmatory Samples Opposite from what remediation programs normally ask for Insure that wastes do not exceed the containedin exit criteria No hot loads going off under the contained-in policy Representative sampling of materials Can impede live loading

11 Contained-in Policy IDEM is no longer using the Risk Integrated System of Closure (RISC) Default Closure Tables IDEM is now using the screening levels in the Remediation Closure Guidance (RCG) The Nonrule Policy Document Waste NPD (January 2, 2015)

12 Contained-in Policy The Remediation Closure Guide (RCG) Soil Screening Levels are updated yearly IDEM is currently using the 2015 screening levels

13 Contained-in Requests Two types of contained-in requests generally submitted for review: Investigation-derived Wastes Remediation Wastes

14 Investigation Derived Wastes (IDW) Requests Generally soil cuttings/borings or purge water/development water After the first wastes are approved, IDEM can also approve options for additional like wastes Generally approved for a period of two years

15 Remediation Wastes Generally one-time episodic wastes Approval can be given for an amount and/or for a one-time generation Not generally open-ended approval

16 Contained-in Policy Contained-in approval will generally state what the options are for disposing of your waste Multiple disposal options may be listed depending on the contaminant concentrations

17 General Ground Water Options Waste that meets the RCG Residential Tap water level multiplied by ten (10X) can be managed in a unit subject to the Clean Water Act, if The waste does not exhibit a hazardous characteristic

18 General Ground Water Options Waste that meets the RCG Commercial/Industrial Soil Direct Contact levels can be solidified and managed at a permitted municipal solid waste landfill, if The waste does not exhibit a hazardous characteristic

19 Soil If the soil meets the RCG Commercial/Industrial Soil Direct Contact levels, and does not exhibit a hazardous characteristic it can be disposed in a permitted municipal solid waste landfill If the soil fails to meet the exit criteria, it is a hazardous waste and is subject to regulation under 329 IAC 3.1

20 Potential Issues With Requests Sample data Site maps and sampling maps Estimated amounts of wastes

21 Sample Data Amount of data Relevance to waste Age of data Quality Assurance/Quality Control Twenty (20) times Toxicity Characteristic Leaching Procedure (TCLP)

22 Site Map Should include a map of the site that shows the areas to be excavated and the sample locations

23 Estimated Amount of Waste Please try to be close with the amount of waste you are including in the request Requests have included: Very small areas to be excavated with an over-thetop amount of waste Consultants come back and say that they underestimated the amounts

24 Contained-in Processing Time The time needed to evaluate the contained-in request varies with each site If all necessary information is included, the request can be processed quickly Submitting electronically saves time and paper

25 Contained-in Policy Nonrule Policy Document: Waste-0061-NPD Web link:

26 Uncontaminated Soil Policy

27 Uncontaminated Soil NPD Rationale State rule exemptions: 329 IAC Solid Waste Land Disposal 329 IAC Solid Waste Processing Exempts the disposal and processing of uncontaminated dirt Uncontaminated is not defined

28 Uncontaminated Soil NPD Rationale Analytical techniques have allowed very low detection levels Risk-based approach is appropriate and protective of human health Restrictions on placement is protective of the environment

29 Uncontaminated Soil NPD Overview For this NPD, soil and dirt are synonymous Establishes when contaminates in soil are at a low enough level to be considered uncontaminated Uses IDEM Remediation Closure Guidance (RCG) Residential Screening Levels or Migration to Ground Water (whichever is lower)

30 Uncontaminated Soil NPD Overview RCG levels are consistent with U.S. Environmental Protection Agency (U.S. EPA) The NPD is self-implementing Must evaluate the site to determine if it may be contaminated Applies to excavated soil with humanintroduced chemicals

31 Uncontaminated Soil NPD Overview NPD does not apply to: Spilled materials Natural occurring elements in soil Industrial solid waste (foundry sand, coal ash, etc.) Soil intermingled with regulated solid waste Placement in environmentally sensitive areas

32 Uncontaminated Soil NPD Conclusions What the policy will accomplish: A consistent approach to determining when a soil is uncontaminated Use of minimally impacted soil Uncontaminated soil being diverted from landfill disposal A clear standard for the public and business

33 Uncontaminated Soil NPD Nonrule policy document: Waste-0064-NPD Web link:

34 Contact Information Bruce Kizer Compliance Branch Office of Land Quality Indiana Department of Environmental Management (317)