GROUNDWATER POLICY UPDATE DRAFT PROTOCOL 5

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1 GROUNDWATER POLICY UPDATE DRAFT PROTOCOL 5 Annette Pia Mortensen Steve Dankevy Peggy Evans Ministry of Environment, Land Remediation Section BEST 2015, May 20, 2015

2 GROUNDWATER POLICY UPDATE New groundwater documents Protocol 21 Water Use Determination Technical Guidance 22 Using Monitored Natural Attenuation and Enhanced Attenuation for Groundwater Remediation DRAFT Protocol 5 Groundwater Remediation Requirements for Protecting Drinking, Irrigation and Livestock Water Uses 2

3 PROTOCOL 21 Protocol 21 provides criteria for determining groundwater uses at a site CSR Section 12(4) specifies the applicable water uses: Aquatic life (AW) Irrigation (IW) Livestock (LW) Drinking water (DW) CSR Section 12(2) and 12(5) contains requirements to ensure: Groundwater at a site is suitable for current and future uses Groundwater is of adequate quality to protect adjacent water uses 3

4 PROTOCOL 21

5 PROTOCOL 21 Protocol 21 versus Technical Guidance 6 Document restructured and rewritten Drinking water use evaluation Exemption of shallow aquifers - thickness < 2m - composed of fill Definition of natural confining unit - equivalent thickness - free of contamination Use of statistics to calculate hydraulic conductivity Fill No DW <2 m Bedrock evaluation - mapped aquifers Clay Natural Confining Unit No DW >5 m - yield - data within 500 m Viable drinking water aquifer DW 5

6 PROTOCOL 21 P21 Exemptions Site can be exempted directly through P21 using site-specific data Director s Determinations Site cannot be exempted through P21 Present arguments in DSI in CSR instrument application Director s determination following a Multiple Lines of Evidence approach

7 TECHNICAL GUIDANCE 22 Technical Guidance 22 provides guidance on the use of monitored natural attenuation (MNA) and enhanced attenuation (EA) for the remediation of contaminated groundwater EMA, definition remediation means action to eliminate, limit, correct, counteract, mitigate or remove any contaminant..and includes: monitoring, verification and confirmation of whether the remediation complies with applicable standards and requirements imposed by a director 7

8 TECHNICAL GUIDANCE 22 - DEFINITIONS Monitored Natural Attenuation MNA refers to natural physical, chemical or biological processes that reduce the mass, toxicity, mobility, volume or concentration of contaminants in soil, sediment or groundwater Enhanced Attenuation EA refers to processes that increases the magnitude of natural attenuation: Chemical enhancement - Electron acceptors/donors Biological enhancement - Bio-augmentation 8

9 TECHNICAL GUIDANCE 22 DEFINITIONS Remediate to a remediation concentration goal MNA/EA progress is evaluated by comparing groundwater concentrations to the remediation concentration goals Remediation concentration goal A concentration of a substance in soil, water, sediment or vapour which must be met in order for a site to be considered to meet the remediation standards of the CSR and includes: - a numerical standard - a site-specific numerical standard - a background concentration - a site-specific risk-based concentration (back-calculated concentration assuming complete exposure pathways) 9

10 TECHNICAL GUIDANCE 22 Selecting MNA or EA for remediation MNA or EA used in conjunction with other remediation measures - Hydraulic control - Groundwater extraction - Reactive barriers MNA or EA used as a follow-up to active remediation measures - Source removal/control Supplemental guidance for MNA/EA - TG22 is not prescriptive - Incorporate other guidance e.g., EPA, ITRC, Golder Toolkits 10 From: FAQ about Monitored Natural Attenuation in Groundwater

11 TECHNICAL GUIDANCE 22 MNA and EA conditions Performed in the context of a risk assessment No unacceptable risks to human health or the environment The groundwater contamination sources are remediated or contained The groundwater contamination plume is shrinking MNA/EA will result in the remediation concentration goal being met within 20 years A long term performance monitoring and validation program A detailed contingency plan with clearly defined implementation trigger(s) 20 year timeframe Recommended by EPA and ITRC Used by other jurisdictions 11

12 TECHNICAL GUIDANCE 22 Monitoring the progress of MNA and EA to ensure Attenuation occurs at an acceptable rate to meet the applicable remediation concentration goals Attenuation mechanisms remain effective over time and capable of supporting continued acceptable attenuation rates There are no unacceptable risks to human health and the environment from contamination. 12

13 TECHNICAL GUIDANCE 22 Application for AIP or risk-based COC Risk-based remediation standards are not met before remediation begins - MNA and EA carried out under an AIP, a Voluntary Remediation Agreement or by independent remediation - When risk-based remediation standards are met, a risk-based COC can be issued - When numerical standards are met, a numerical COC can be issued Risk-based remediation standards are met before remediation begins - MNA and EA carried out under a risk-based COC - When numerical standards are met, a numerical COC can be issued Reporting requirements - Schedule B (conditions) of an AIP, COC or Voluntary Remediation Agreement - Imposed by a Director under independent remediation 13

14 DRAFT PROTOCOL 5 DRAFT Protocol 5 specifies the remediation requirements necessary to demonstrate compliance with the remediation standards of the CSR at sites where drinking, irrigation or livestock water uses apply EMA Section 56(1) Selection of remediation options: A person conducting or otherwise providing for remediation of a site must give preference to remediation alternatives that provide permanent solutions to the maximum extent practicable, taking into account the following factors: (a) any potential for adverse effects on human health or for pollution of the environment; (b) the technical feasibility and risks associated with alternative remediation options; (c) remediation costs associated with alternative remediation options and the potential economic benefits, costs and effects of the remediation options; (d) other prescribed factors. 14

15 DRAFT PROTOCOL 5 POLICY INTENT Policy background Groundwater is a valuable Crown resource Groundwater is a sustainable source of reliable, clean, inexpensive water for use by individuals, businesses and communities The province is committed to increased protection of groundwater resources: - Living Water Smart, Water Sustainability Act, 2014 Continuation of the policy direction of the Land Remediation Program for greater groundwater resource protection Policy intent Ensure reasonable remediation and restoration of valued groundwater resources to applicable water uses as identified in Protocol 21 15

16 DRAFT PROTOCOL 5 - POLICY INTENT Contaminated Groundwater Administrative Controls Usable Groundwater 16

17 DRAFT PROTOCOL 5 REMEDIATION STRATEGIES Short-term Remediation Strategy Remediate contamination source and plume to meet the remediation concentration goals for the entire site within 5 years of issuance of an AIP or COC or as quickly as practicable thereafter Criteria Current unacceptable risks to groundwater users Current groundwater use as per Protocol 21 Contaminated aquifer is of high productivity and high demand Contaminated aquifer is mapped as future water supply by municipality No mitigating factors to use longer remediation strategies 17

18 DRAFT PROTOCOL 5 REMEDIATION STRATEGIES Long-term Remediation Strategies Strategy A Remediate contamination source and plume to meet the remediation concentration goals for the entire site within 20 years of issuance of an AIP or COC Criteria Not feasible to implement short term remediation strategy Current groundwater use within 1000 m of the site (500 m upgradient) Contaminated aquifer is of high productivity and potable or high demand Technically practicable to remediate entire contamination source and plume

19 DRAFT PROTOCOL 5 REMEDIATION STRATEGIES Long-term Remediation Strategies Strategy B Remediate groundwater contamination at affected parcels to meet the remediation concentration goals within 20 years of the issuance of an AIP or COC Criteria Not feasible to implement remediation strategy A Technical impracticable to remediate entire contamination source and plume 19

20 DRAFT PROTOCOL 5 REMEDIATION STRATEGIES Long-term Remediation Strategies Strategy C Request approval from a Director to implement an alternative remediation strategy Criteria Not feasible to implement remediation strategy A or B Technical or cost impracticability is established through a feasibility study Remediation of contamination source to maximum extent practicable 20

21 DRAFT PROTOCOL 5 Protocol 5 applies to remediation under an AIP, COC or independent remediation Required documentation Temporary institutional controls while long term remediation is undertaken Source removal and control to maximum extent practicable Detailed remediation plan Detailed performance verification, operations and maintenance and contingency plans Performance verification update report every 5 years 21

22 DRAFT P5 CSAP WORKING GROUP CSAP Working Group MoE, Land Remediation Section MoE, Water Protection and Sustainability Branch Canadian Fuels Association Urban Development Institute Union of BC Municipalities CSAP Society, Technical Review Committee (Guy Patrick, Group Lead) CSAP Industry Representative Working Group discussions Remediation strategies Uncertainty Limited Use Aquifer Technical Impracticability Feasibility assessment 22

23 SUPPORTIVE MAPPING Drinking water use mapping CSAP Contaminated Sites Legal Instrument Mapping (Hemmera) - Database of MoE Legal Instruments - Map of drinking water use DW apply No DW apply DW unknown

24 SUPPORTIVE MAPPING Drinking water use mapping MoE Drinking Water Use Determination Mapping (Worley Parsons) - WELLS Database - Geospatial processing to identify probability of drinking water aquifers - Pilot test area in Langley

25 SUPPORTIVE MAPPING MoE Borehole Mapping Project Contaminated sites borehole log database - Create an inventory of hydrogeological information accessible to the public (IMAP) - Reduce costs of environmental investigations when determining groundwater use(s) at contaminated sites - Provide groundwater mapping to support: - areas with no viable drinking water aquifers - areas with natural confining barriers protecting deeper aquifers - areas with viable drinking water aquifers Borehole data - One to two representative borehole log from each contaminated site - Hydraulic data

26 SUPPORTIVE MAPPING MoE Borehole Mapping Project >900 contaminated sites borehole logs in BC

27 SUPPORTIVE MAPPING MoE Borehole Mapping Project >215 borehole logs with hydraulic conductivity values

28 GROUNDWATER DOCUMENTS Status of Protocol 21 and Technical Guidance 22 CSAP Technical Review ended October, 2015 Public comment ended April 30, 2015 Finalize documents Status of Protocol 5 CSAP Technical Review ended October, 2015 CSAP Working Group ending July 2015 Finalize document in fall 2015 Public comment 28

29 THANK YOU ANNETTE MORTENSEN