Environmental Cleanup in Oregon

Transcription

1 Environmental Cleanup in Oregon Oregon s Environmental Cleanup Program October 2008 Ann Levine Phone (503) levine.ann@deq.state.or.us Oregon DEQ

2 Environmental Cleanup in Oregon Levels of government involved in cleanup Federal: US Environmental Protection Agency (EPA) State: (DEQ)

3 EQC Environmental Quality Commission DEQ s Director Office Department of Environmental Quality Air Quality Water Quality Land Quality Laboratory Management Services Division Level Solid Waste Hazardous Waste Environmental Cleanup UST Emergency Response Program Level Brownfields Dry Cleaner Orphan Sites Voluntary Cleanup Site Response Site Assessment PPA Sub-Program Level

4 DEQ s Geographic Regions Western Region Northwest Region Eastern Region Headquarters = Policy and Program Development Regional Offices = Program Implementation

5 Regulatory Framework Comprehensive Environmental Response Compensation and Liability Act CERCLA or Superfund P.L , as amended, and P.L Applies at sites listed on the National Priorities List 12 Oregon sites currently listed, 4 completed Formosa Mine, Harbor Oil, Portland Harbor

6 Regulatory Framework ORS through.565 and.900 Adopted by the legislature 1987 Revised in 1995 OAR to 0115 Adopted by the Environmental Quality Commission Guidance

7 Regulatory Framework ORS (16) Hazardous substance (22) Release (23) Remedial Action (25) Removal

8 Standards for Cleanup Removal and remedial actions shall assure protection of present and future public health and of the environment. [ORS ]

9 Standards for Cleanup The protectiveness of a remedial action shall be determined based on application of both of the following: 1. The acceptable risk level 2. A risk assessment [ORS ] [OAR , -0084, -0115]

10 Standards for Cleanup DEQ must demonstrate that the removal and remedial actions we select or approve meet the standards for cleanup.

11 Process Remedial Investigation Risk Assessment Feasibility Study Remedial Action Selection Remedial Action Implementation Residual Risk Assessment

12 Remedial Investigation Nature Hazardous substance(s) released Extent Where is it? Migration Where is it going? [OAR ]

13 Risk Assessment Screen with pre-calculated risk-based concentrations Site Specific Risk Assessment Baseline Human Health Baseline Ecological [OAR ]

14 Feasibility Study (FS) Identify Remedial Action Objectives (RAOs) for each constituent and pathway that exceeds the acceptable risk level Develop several alternatives that address the risk of current or future exposures (treatment, excavation, engineering/institutional controls)

15 Feasibility Study Protectiveness Feasibility balancing factors Effectiveness Long term reliability Implementability Implementation risk Reasonableness of cost Hot spots in water and other media [OAR & -0090]

16 Selection or Approval of Remedial Action Staff report on the proposed remedy Public notice & public comment Address comments Record of Decision (ROD) of the selected remedy Public notice

17 ROD Implementation RD/RA Agreement Remedial Design Remedial Action Long term O&M No Further Action Determination

18 Program Options One law One standard Multiple ways to achieve the goal

19 Program Options Independent Cleanup Pathway No free-phase product, no drinking water impact, no contamination beyond property boundary, not within 1000 ( 300m), no vapor intrusion Voluntary Cleanup Pathway Brownfields, Prospective Purchaser Agreements Site Response Administrative Order, Consent Judgment Orphan Sites State Funded, high priority

20 Program Activity Active projects Distribution 50% VCP, 25% ICP, 25% SRP projects are completed each year

21 Current policy issues Revisions to Human Health Risk Assessment Changes in toxicity evaluation Inclusion of breast-feeding pathway Vapor Intrusion Guidance Risk-based concentrations for soil gas Green and Sustainable Lots of questions but now answers, yet

22 Web Links Environmental Cleanup Pages Oregon Revised Statute Oregon Administrative Rules