Cleanup Standards Scientific Advisory Board November 8, 2002 Minutes

Transcription

1 Cleanup Standards Scientific Advisory Board November 8, 2002 Minutes Kevin H. Reinert, called the November 8, 2002 meeting of the Cleanup Standards Scientific Advisory Board () to order at the Rachel Carson State Office Building at 9:40 A.M. In attendance were the following members: Dr. Kevin H. Reinert, Chairman, Dr. Ronald J. Buchanan, Jr., Dr. Ronald D. Neufeld, P.E., Dr. Mark C. Mummert, P.E., CIH, Mr. Craig G. Robertson, Mr. Donald A. Goodman and Mr. William G. Dreibelbis. Approval of Minutes: The minutes of the April 9, 2002 meeting were approved with the following revisions: Second to the last line in the 2 nd paragraph, the wording on development of mediumspecific concentrations, which could be used as a screening tool for vapor intrusion risk suggests that it is one of the earlier steps when in fact it appears later in the screening process. Second page, 5 th line should read, could apply the site-specific standard or pathway mitigation measures and through risk assessment establish acceptability of sample results. Thomas Fidler, Bureau of Land Recycling and Waste Management introduced David Hogeman, s new director of the Bureau of Land Recycling and Waste Management and asked that all of the members, staff and guests introduce themselves. William Pounds, Bureau of Land Recycling and Waste Management provided a review of the changes being considered for the regulation revision. He explained that the next regulatory step is to publish an Advance Notice of Final Rulemaking. He explained that this would involve providing a 60-day public comment period on the revised regulation and in addition several public meetings across the state. Changes included revision of the definition of safe fill and determinations that a material is safe fill. Several members of the board were concerned that they did not have adequate lead time to review the changes and that they wished to have sufficient time to see the full regulation revision before bringing a vote of concurrence to the floor. Even with the changes addressed by Bill Pounds, the Safe Fill subcommittee was still concerned with the definition of safe fill and determinations of safe fill. A primary concern was that if material satisfied the safe fill numeric criteria, it should be considered safe fill irrespective of whether it can be proved that the material had not been affected by an environmental release. Bill Pounds acknowledged that the subcommittee members had indeed raised some of these concerns in the past. Bill s concern is to maintain regulatory control of contaminated media as a waste, and therefore soils affected by an environmental release cannot be considered safe fill. This is in conflict with the suggestions of the Safe Fill subcommittee which recommends that safe fill be determined by the numeric concentration values and therefore NOT be regulated as waste. 1

2 David Hogeman stressed that the plans to move forward with the Advanced Notice of Final Rulemaking, but that he was also interested in hearing all the concerns of the board on this subject. The specifically asked for the full text of the current regulation proposal to be sent to them soon, and a full redraft of regulations at least four weeks before the next board meeting (March 19 th ). The proposed final guidance on vapor intrusion into indoor buildings guidance and the associated public comment and response document was discussed. This guidance was drafted largely from a report made by a subcommittee and presented to and approved by the full board at the April 9, 2002 meeting. The board was concerned that the listing of volatile organic compounds (VOCs) were not inclusive of naphthalene. Several assignments to individuals were made. Bruce Fishman (RBR Consulting, Inc.) of the indoor air quality subcommittee will work with Cullen Flanders (Geologic Services Corporation) to understand Cullen's modeling approach for indoor air quality. Sam Fang, Bureau of Land Recycling and Waste Management was asked to review the definition used in Chapter 250 for VOCs and come up with a listing of semi-volatile compounds for use in the guidance. Sam will also review the definition of source in groundwater, resolve conflicts with the soil section paragraphs, and provide the subcommittee with a list of semi-volatile organic compounds. The Indoor Air Quality Subcommittee will review the draft and assist Sam Fang. Next, the presented a summary of the proposed changes to Chapter 250 it is considering. These include the routine updating of Statewide Health Standard Medium Specific Concentrations (MSCs) based on updated scientific data on toxicity. The is also interested in including all the Secondary Maximum Contaminant Level (SMCLs) parameters in the regulation, which would apply to the Statewide Health Standard and Site-Specific Standard sites. The major change with the SMCLs is adding the parameters not specific to concentrations of a substance, such as, turbidity, odor, and color. Tom Fidler,, explained that the reason for bringing this to regulation now is a major case (Bear Creek) in northwestern Pennsylvania in which contamination by resorcinol has extended over a several square-mile area of groundwater accessed by private wells. This chemical causes odor, foaming and turbidity problems in groundwater. The is also considering a new section or subchapter on institutional controls and post remediation obligations. This would standardize the requirements for when and what details are needed in various institutional controls (such as deed notices, restrictions and municipal ordinances prohibiting groundwater use). Currently, deed notices are required under the authority of the Hazardous Sites Cleanup Act, which excludes petroleum-contaminated sites. In some cases, background sites under Act 2 may leave groundwater unfit for drinking and with no requirement for deed notice. The proposed changes would capture these types of sites and specific language to be placed in the deed. The has also proposed a change in the provision in Chapter 250 that allows for sampling if one fails the modeling test (PENTOX). The proposed change would restrict the use of sampling under certain conditions. The Board was concerned over this change and is setting up a subcommittee including Mark Mummert and some members of the audience who volunteered to serve. This subcommittee will consider surface water sampling techniques to be used in cases where the PENTOX model fails and suggest changes in the application of the PENTOX model. Bruce Fishman and Annette 2

3 Guiseppi-Elie will work on recommendations for changes to the regulations concerning surface water. Craig Robertson will chair the subcommittee on standards and also review the work by Bruce and Annette. There were some minor changes also proposed by, including changing of a reference to soil to groundwater point of compliance and some references and footnotes. The Board then held elections for Chair and Co-Chair for the 2003 calendar year. Kevin Reinert, of Rohm & Haas Co. was voted to remain Chair of the. Ron Buchanan, of Dupont was voted as Co-Chair. Dates proposed for 2003 include March 19 th and September 17 th. It was expected that the March meeting could include updates on safe fill as well as some of the revisions to Chapter 250 and the September date would be reserved for consideration of the s draft Chapter 250 amendment. Other meetings can be scheduled if needed. The meeting was adjourned at 2:40 pm. 3

4 November 8, 2002 Meeting Attendees Name Kevin Reinert Ronald Buchanan Ronald Neufeld Mark Mummert Donald Goodman Craig Robertson William Dreibelbis Colleen Costelli Larry Taylor Stevens Rhoads Gary Butenbaugh Ken Okorn Kathy Koerber Doug Cwienk Michael Medley Ed Dobson Michael Hasel Michael Parcleb James M. Smith Cullen Flanders John S. Clark Barbara Hall Bruce Fishman Scott McFeaters Eileen Keough Robert McGlade Frank Messina Paul Bruder Organization Langan Greater Lebanon Refuse Authority PA Environmental Earth Tech Earth Tech Environmental Stds. Inc. GEO Services Ltd. Manko, Gold & Katcher Mountain Research, Inc. PPL SWAC IRRC GSC PennDot Severn Trent Labs RBR Consulting SAIC MWH Americas, Inc. Weston Solutions, Inc. Exxon Mobil Rhoads & Simon 4

5 A.L. Holmstrom Jason Hanna Sean Damon Ron Carper David Hogeman Thomas Fidler Dave Hess William Pounds Michele Moses Michele Tate Michael Texter Kurt Klapkowski Gayle Leader Khatija Swaroop Ken Bowman Susan Seignman Sam Fang Tom Leaver Ed Shaw Rohm and Haas UAI Environmental Langan Engineering ENSR OCC Policy Office OCC BLR&WM OCC -BRC-OCC + 5