Presentation Transcript

1. The Texas Risk Reduction Program Rule

   Overview and Notifications Paul Lewis Remediation Division
2. Purpose of TRRP Update risk assessment methods Combine elements of previous rules Standard process for all remediation programs Expedite cleanup process Protective of human health and environment Preserve productive use of land
3. To Use TRRP, Speak “TRRPese” The Language of Response Actions Person: whoever is TRRPing COC: chemical of concern Affected Property: media w/ COCs greater than residential assessment levels PCL: Protective Concentration Level POE: Point of Exposure Response Action: actions to comply with TRRP
4. Overview of Full TRRP Process Establish Applicability Application of TRRP to a release is a linear process Repeat some steps as necessary Process is flexible with many options Self-implementation Generic or Site-specific Cleanup or Exposure Prevention Affected Property Assessment Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
5. TRRP Process – Applicability Establish Applicability TCEQ programs determine the applicability of TRRP or other requirements to a release or closure. Enforcement orders can make TRRP applicable to a site. Follow permit terms, statutes or other rules if applicable. Affected Property Assessment Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
6. Who uses TRRP? “Does TRRP Apply to Me?” Brownfields MSDs * No longer in TRRP effective 3/19/09
7. TRRP works with other Rules TRRP interacts with these Chapters: 312, 327, 330 - 333, 335 – 336 of Title 30 Texas Admin Code Exception: Petroleum Storage Tank program Returned to Ch. 334 rules in 2009 Overlaps: More stringent or additional program requirements Examples – Permits; Federal requirements Real estate assessments use PCLs as “action levels”
8. Report the Release TRRP does not compel initial reporting of releases Follow Reporting Requirements of Permit or Order Applicable Program statutes or rules Notify response actions under TRRP with Self Implementation Notice (SIN), or Response Action Plan (RAP) TCEQ – Remediation Div P.O. Box 13087 Austin, TX 78711-3087
9. TRRP Process – Assessment Establish Applicability Collect Data to define extent of release and to determine the Response Action COCs and Affected Media Land Use & Groundwater Classification Exposure Pathways & Receptors Map results using Assessment Level contours Volume of impacted media exceeding Assessment Level is called Affected Property Affected Property Assessment Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
10. TRRP Process – Tiered PCL Evaluation Establish Applicability An optional step that refines the assessment Develop Critical PCL – lowest of all applicable PCLs, human health or ecological, developed at any tier (Tier 1, 2, or 3) Map PCL Exceedence (PCLE) Zone = Volume of environmental media exceeding Critical PCL PCLE Zone becomes Focus of Remedy Standard Affected Property Assessment Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
11. What is a PCL? Protective Concentration Level Amount of Chemical of Concern (COC) that can remain in media (soil, groundwater, etc) for a given pathway Protective of Human Health exposure pathways Water ingestion, air inhalation, dermal contact, etc. Protective of Ecological Receptors Considers Risk Level, Hazard, Fate and Transport of the COC Calculate at Tier 1, 2 or 3 with increasing site specificity or other equations Tier 1 human health PCLs for 675+ COCs available on lookup tables
12. Tiered PCL Development ERA – Ecological Risk Assessment
13. Affected Property Assessment ReportThe “APAR” Establish Applicability A standardized report format (TCEQ Form 10325) used to report results of assessment Documents all relevant information - release sources, COCs, extent, transport/exposure pathways, PCLs, etc. Determines if response actions are needed Intended to expedite TCEQ review, minimize NOD letters and need for additional assessments Affected Property Assessment “APAR” Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
14. TRRP Process – Remedy Selection Establish Applicability Select a remedy standard (A or B) to make the PCLE Zone protective. Minimize PCLE zone size using tiered PCLs Weigh the benefits of Permanent remedy vs. Control remedy with long term care Affected Property Assessment Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
15. Remedy Standards Response action – actions taken to make a PCLE Zone protective of human health and the environment by achieving a remedy standard. Remedy Standard A - Pollution Cleanup Remove/Decontaminate Remedy Standard B - Exposure Prevention Remove/Decontaminate/Control
16. TRRP Process – Remedy and PCLs Establish Applicability Affected Property Assessment Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
17. TRRP Process – Response Action Establish Applicability Carry out Response Actions to achieve either Remedy Standard A or Remedy Standard B at the PCLE Zone, consistent with project objectives. Affected Property Assessment Tiered PCL Evaluation Remedy Standard Selection Response Action Post-Response Action Care No Further Action
18. Remedy Standard APollution Cleanup Clean up PCLE Zone to Critical PCL set at Tier 1, 2 or 3 using removal or decontamination methods Institutional Control only for Com/Ind land use On-Site Property Off-Site Property Com/Ind – Commercial/Industrial land use classification
19. Remedy Standard BExposure Prevention Control / clean up PCLE Zone Institutional Controls Post Response Action Care Financial assurance for physical controls On-Site Property Off-Site Property Com/Ind – Commercial/Industrial land use classification
20. Special Remedy Options Only in TRRP Plume Management Zone Limits distance of additional plume migration to 500 feet or less Meet drinking water PCLs at alternate Point of Exposure Option only for Remedy Standard B Facility Operations Area Make FOA protective for workers Defer cleanup to final facility closure Limited to refineries, chemical plants Many requirements in TRRP Subchapter G Groundwater PCLE Zone or “plume” 500’ Alt. POE PMZ boundary FOA = Infrastructure area with many releases Facility property boundary
21. Response Actions and Deliverables Conduct response action in reasonable time File Reports and Notices: Affected Property Assessment Report (APAR) Self Implementation Notice (SIN) - Std A only Response Action Plan (RAP) -Std B (opt Std A) Response Action Effectiveness Report (RAER) every 3 years until done Notify 10 days prior to confirmation sampling
22. TRRP Process – Goals Reached! Establish Applicability Demonstrate attainment of Remedy Standard by: Submit Response Action Completion Report (RACR) w/in 90 days of attainment TCEQ approves RACR Submit proof of filing Institutional Control (options) w/in 90 days TCEQ issues Conditional or Final “No Further Action” (NFA) letter Post Response Action Care Reports if needed (Standard B only) Affected Property Assessment Tiered PCL Evaluation APAR RAP SIN Remedy Standard Selection RAER RACR Response Action Post-Response Action Care PRACR No Further Action NFA
23. TRRP Notifications TRRP 30 TAC 350.55 – Notifications Required The Basic Idea: Give off-site land owners and others potentially exposed to COCs the opportunity to request sample results Post warnings when and where necessary Mr. Landowner 123 Next Door St. Anywhere, TX 76543
24. General Context: Apply to the “Person” – the entity complying with TRRP, such as: Owner/Operator, Responsible Party, VCP Applicant, etc. Person signing TRRP Reports (not consultant) TCEQ on State Lead Projects Apply during all of TRRP process: APAR to NFA Rule is written from perspective that Person is owner of on-site property. Notice requirements are Self-Implementing, don’t wait on direction from TCEQ.
25. Resources TRRP Rule 30 TAC 350.55(a)-(f) TRRP Adoption Preamble 24 TexReg 7599-7612 RG-366/TRRP-17 Notification Requirements TRRP Q&A, June 22, 2001 See also Peter Sandman’s website for information on Risk Communication: http://www.psandman.com/
26. TRRP-17 Organized by Notice Triggers Actual or probable human exposure Samples collected from another’s property “More likely than not” residential assessment level exceeded on another’s property Tier 1 HH PCL exceeded in easement area Ecological PCL developed and is the Critical PCL Submission of historical info (Triggers 2-5)
27. Notifications: Triggers 2 - 4 Who – property owner, easement owner When – at same time or before data submitted to TCEQ What – note availability of sample results, critical PCL, how to get more information How – personal contact, letters, meetings, other effective public notice, signs Signs must be up for at least 180 consecutive days Provide information within 14 days of written request to receive it, at no cost to requestor
28. Trigger 2 Samples on Off-Site or Leased Property Concentrations, PCLs do not matter: Take a sample – perform notice! Off-Site A Off-Site B On-Site Property = On-Site soil sample = Off-Site soil sample
29. Trigger 3RAL “More Likely Than Not” Exceeded = Residential Assessment Level (RAL) contour line No No Access No Access Off-Site A Off-Site B On-Site Property = Off-Site monitor well = On-Site monitor well
30. Trigger 4 Samples in Easement or Franchise Area Notice depends on sample concentration; Tier 1 HH PCL applies at any depth Easement Easement = Off-Site soil sample = On-Site soil sample Off-Site A Off-Site B On-Site Property Easement soil samples: - HH PCL not exceeded - Human health (HH) PCL exceeded
31. Notifications: Trigger 5Ecological PCLs Who – property owner where Ecological PCL is the critical PCL; leaseholder(s) to extent known or obvious When – within 30 days of receipt of TCEQ approval of final Ecological PCL What – note availability of sample results, Ecological PCL, how to get more information How – personal contact, letters, meetings, other effective public notice, signs Signs must be up for at least 180 consecutive days Provide information within 14 days of written request to receive it, at no cost to requestor
32. Trigger 5TCEQ approves Ecological PCL for Property Assumption that Eco PCLs are developed some time after HH PCLs = other sample locations with human health critical PCLs Wetlands Easement Source Area Off-Site A Off-Site B On-Site Property = Monitor well, sediment sample locations with ecological-based critical PCL
33. Notifications: Trigger 6Historical Information When person submits or re-submits historical information (i.e., prior to TRRP applicability) that meets Triggers 2-5 Example: Phase II ESA results Same time frames and requirements as for Triggers 2-5
34. Notifications: Trigger 1Actual or Probable Exposure The Trigger: sample results show that someone is actually or probably exposed to COCs in excess of Tier 1 human health PCLs Who – All actually or probably exposed individuals; Property owner if not the Person; and TCEQ When – ASAP, within 60 days of receipt of laboratory results, plus When new information identifies additional exposed parties, ASAP within 14 days of determining exposure ASAP – As Soon As Possible
35. Notifications: Trigger 1Actual or Probable Exposure What – sample results for property are available exposure to COCs is possible and how exposure occurs critical human health PCLs (can be Tier 2 or 3), how to get sample results and more information How – personal contact, letters, meetings, other effective public notice, signs Signs must be in publicly accessible areas Signs stay up as long as exposure conditions exist Provide information within 14 days of written request to receive it, at no cost to requestor
36. Notifications: Trigger 1Actual or Probable Exposure Subjective determinations – examples: Actual or Probable exposure – Is direct contact with COCs occurring or likely? Are soil samples 0-6” or shallower? Human activity patterns – are people drawn to a particular spot or traverse an area? Consideration of physical barriers, use of OSHA Personal Protective Equipment (PPE) Distribution and concentration of COCs Source of drinking water
37. Trigger 1Actual or Probable Human Exposure = surface soil sample locations exceeding Tier 1 HH PCL Easement PPE not O.K. Drum Storage Area PPE O.K. Off-Site A Off-Site B On-Site Property = Potable water well. = monitor well locations exceeding HH PCL
38. Document Notification Performed Trigger 1: Person submits notarized statement* with documentation to TCEQ within 30 days of when notice is due Triggers 2 – 6: Person submits notarized statement* with documentation to TCEQ within 60 days of when notice is due All Triggers – include names and addresses of people receiving direct notice (e.g., mail, personal contact, public meeting, etc.) Documentation can be stand-alone submission or in TRRP report Example: APAR – Section 13 and Appendix 1 Person to maintain documentation of proof of notice for 5 years after date of No Further Action (NFA) letter * TRRP-17 calls for a notarized affidavit
39. ReviewWhat Notices Apply to Which Properties? = Potable water well = Eco-based PCLs Wetlands Easement Drum Storage Area No Access Visibly stained soil Off-Site A Off-Site B On-Site Property = Phase II ESA (pre-TRRP); = Soil sample > HH PCL; = Monitor well > HH PCL
40. Other Matters If property sells before institutional control is filed or remedy is complete, tell new owner or tenant of conditions and limitations – see §350.31(i) Shortcut – Person should just agree to give sample results as condition of property access.
41. For More Information…Check out these web sites! General TRRP information: http://www.tceq.texas.gov/remediation/trrp/trrp.html Guidance Documents and Report Forms: http://www.tceq.texas.gov/remediation/trrp/guidance.html PCL Look-Up Tables: http://www.tceq.texas.gov/remediation/trrp/trrppcls.html TRRP