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State Superfund Managers
Symposium
July 29-312008
ScottsdaleArizona
Alternative Approaches to Historic Fill
Paul W. LockeMassDEP Bureau of Waste Site Cleanup
One Winter StreetBoston, MA 02108
617 556 [email protected]
http://Mass.Gov/dep/cleanup
State Superfund Managers
SymposiumCurrent Approach (simplified)
July 29-312008
ScottsdaleArizona • MassDEP is notified of releases of oil or hazardous
material (OHM) to the environment, which are d d l d (if ) diassessed and cleaned up (if necessary) according to
the Mass. Contingency Plan (MCP, 310 CMR 40)
• Certain releases are exempted from notification (310 CMR 40.0317), including OHM from coal & wood ashash
• “Background” conditions are defined to be “No Si ifi Ri k” d h di i iSignificant Risk” and thus no remediation is required
State Superfund Managers
SymposiumIssues With Current Approach
July 29-312008
ScottsdaleArizona • Statutory definition of “background” – the
conditions that would exist in the absence of the disposal site of concern – is open to different interpretations
• Definition of background broadly covers many historic fill conditions
• Notification exemptions applicable to some historic fill may be inconsistently applied. C d i di i i• Costs and current process is a disincentive to development of urban Brownfields sites.
State Superfund Managers
SymposiumIssues With Current Approach
July 29-312008
ScottsdaleArizona
Concerns about notification exemption• Decision that exemption applies may not be made by a
Licensed Site Professional (LSP)• Decision that exemption applies is not auditable • No documentation is in the public recordNo documentation is in the public record• Firms with a more “liberal” interpretation have competitive
advantage
• Concerns about equating background to “No Significant Risk”• Site receive “best” closure (A-1 !) despite potential risk• Contaminants defined as “background” drop out of risk
assessment
State Superfund Managers
SymposiumHistoric Fill Proposal - Concept
July 29-312008
ScottsdaleArizona
Sites having contamination consistent with Historic gFill (i.e., pursuant to a specific definition considering multiple lines of evidence, including both OHM
i d il h i i ) ld b blconcentration and soil characteristics) would be able to achieve an ENDPOINT for the property evaluated.
Sample Notify Assess Document Close Out
State Superfund Managers
SymposiumPerformance Standards
July 29-312008
ScottsdaleArizona
• Sufficient assessment and investigative actions to support a conclusion that Historic Fill is the solesupport a conclusion that Historic Fill is the sole source of the contamination
• Investigation of conditions associated with HistoricInvestigation of conditions associated with Historic Fill may be limited to the property being investigatedg
• Documentation would be commensurate with the size, nature and complexity of the issue under investigation.
State Superfund Managers
Symposium
Criteria
July 29-312008
ScottsdaleArizona • Historic Fill is the sole source of the release
• Contaminants are characteristic of historic fill • Release cannot be attributed to any other known point source• Notification has been made to MassDEP• All response actions performed to date have been performed
in compliance with regulationsI i t H d h b li i t d• Imminent Hazards have been eliminated
• Sensitive exposures have been eliminated• Any discrete releases that do not meet the definition of• Any discrete releases that do not meet the definition of
Historic Fill must be managed under cleanup regulations
State Superfund Managers
Symposium Effect of Proposed ApproachJuly 29-31
2008
ScottsdaleArizona
• Depending on Endpoint1, it may or may not be considered “No Significant Risk” but wouldconsidered No Significant Risk but would indicate no further response action was necessary
• Notification exemption for fill-related material would be eliminated, leveling the playing field
• Would allow distinction between “background” (natural) and anthropogenic release conditions(natural) and anthropogenic release conditions
1 – The term “ENDPOINT” is used throughout as a placeholder for “some clear regulatory endpoint” which could be one of several current or newly defined outcomes
State Superfund Managers
Symposium Effect of of Proposed ApproachJuly 29-31
2008
ScottsdaleArizona
Effect of of Proposed Approach
• Timelines would not change from currentTimelines would not change from current regulatory timelines.
• Historic Fill determinations could be reviewed byHistoric Fill determinations could be reviewed by MassDEP
• Endpoint may be achieved at any point in the p y y pprocess – it could be a Quick In/Quick Out
• Historic Fill determinations would be available for public review
Historic Fill Sites
State Superfund Managers
SymposiumSample Notify Assess Document Close Out
July 29-312008
ScottsdaleArizona
Is it Historic Fill? Are there Is there noyes Historic FillnoIs it Historic Fill? sensitive exposures?An IH Condition?
no yes
ENDPOINT
yes
EliminateImminent Hazard
EliminateSensitive Exposures
Follow the standardRegulatory Process to eliminate Imminent Hazards/
Sensitive Exposures
RAO-A, B or CAs Appropriate
Timeline: 1 year following notification, there must be a Tier Classification, FPS, DPS, or RAO.
* Discrete releases of OHM that do not meet definition of Historic Fill must be managed under cleanup regulations
State Superfund Managers
SymposiumBut What Is “Historic Fill”?
July 29-312008
ScottsdaleArizona Urban fill…urban soil…historic fill…second-
hand soil… downtown brown
MassDEP looked at several data sets, includingMassDEP looked at several data sets, including data from hundreds of borings on a grid throughout the Central Artery/Tunnel Project g y jright-of-way:
2000+ samples for metals3000+ samples for PAHs
State Superfund Managers
Symposium
July 29-312008
ScottsdaleArizona
Central Artery/Tunnel Project(a.k.a., “The Big Dig”)
State Superfund Managers
Symposium
CA/T Samples: Metals (RCRA 8)
July 29-312008
ScottsdaleArizona
Key Parameter
Percentile
Mean
Percentile
50 th/ Median 95th UCL on Mean Actual* 90th Actual* 95th
Arsenic 6.1 8.9 9.4 16 23
Barium (137 samples) 36 93 170 220 360
Cadmium 1.0 1.3 1.4 2.7 4.8
Chromium 17 23 24 41 53
Lead 70 310 400 660 1300
Mercury 0.30 0.78 0.88 1.6 3.1
Selenium --- --- --- 10 10
Silver --- --- --- 5.0 6.4
Data provided by William Swanson, CDM, Inc.
State Superfund Managers
Symposium
CA/T Samples: Polycyclic Aromatic Hydrocarbons
July 29-312008
ScottsdaleArizona
Polycyclic Aromatic Hydrocarbons(Carcinogenic)
Key Parameter
Percentile
Mean
Percentile
50 th/ Median 95th UCL on Mean Actual* 90th Actual* 95th
B ( ) h 0 52 4 4 6 4 8 6 19Benzo(a)anthracene 0.52 4.4 6.4 8.6 19
Benzo(a)pyrene 0.48 4.0 5.3 7.7 16
Benzo(b)fluoranthene 0.60 4.7 7.0 9.1 18
Benzo(k)fluoranthene 0 41 2 3 2 7 5 1 10Benzo(k)fluoranthene 0.41 2.3 2.7 5.1 10
Chrysene 0.56 4.3 6.2 8.3 19
Dibenzo(a,h)anthracene --- --- --- 2.4 4.5
Indeno(1 2 3-cd)pyrene --- --- --- 4 5 8 6Indeno(1,2,3-cd)pyrene --- --- --- 4.5 8.6
Data provided by William Swanson, CDM, Inc.
State Superfund Managers
SymposiumOther Data Considered
July 29-312008
ScottsdaleArizona • Agency for Toxic Substances and Disease Registry (ATSDR). 1995.
Polycyclic Aromatic Hydrocarbons (PAHs) (Update)
• Bradley, L.J.N., Magee, B.H., and Allen, S.L. 1994. Background Levels of Polycyclic Aromatic Hydrocarbons (PAH) and Selected Metals in New England Urban Soils. Journal of Soil Contamination, 3(4):349-361 (62 samples)samples)
• Haley & Aldrich, Inc., Boston Background Soil Quality Data, May 22, 2001. (590 samples)
• Licensed Site Professional Association (LSPA). Summary of Selected Results, LSPA Anthropogenic Fill Soils Project (100+ samples)
• Samples taken to represent “background” conditions at disposal sites in Massachusetts undergoing assessment and cleanup (225 samples)
State Superfund Managers
SymposiumOn The Web…
July 29-312008
ScottsdaleArizona
• Background Levels of Polycyclic Aromatic• Background Levels of Polycyclic Aromatic Hydrocarbons and Metals in Soil http://www.mass.gov/dep/service/compliance/riskasmt.htm#sitep g p p
• Historic Fill Workgroup• Historic Fill Workgrouphttp://www.mass.gov/dep/cleanup/ufwkgp.htm
