WEST VIRGINIA
VOLUNTARY REMEDIATION
AND REDEVELOPMENT
ACT
GUIDANCE MANUAL
VERSION 2.1
WVDEP Mission Statement
“Use all available resources to protect and restore West Virginia’s environment in concert with the needs of present and future generations.”
West Virginia Voluntary Remediation and Redevelopment Act Guidance Manual
DISCLAIMER
This document is intended as guidance only. The procedures and information contained herein are intended to assist in implementing the Voluntary Remediation and Redevelopment Act (“VRRA”), W. Va. Code §22-22-1 et seq., and the rules promulgated pursuant thereto. This guidance document is not intended to and does not create any rights, claims, causes of action, or remedies in addition to those afforded by VRRA, the rules promulgated pursuant thereto, or other statutes, rules, or laws of West Virginia. This guidance document is not intended to and does not replace or change any part or provision of VRRA or the rules promulgated pursuant thereto.
This guidance document has been issued by the West Virginia Division of Environmental Protection (“DEP”), Office of Environmental Remediation (“OER”), for use by its staff, by the regulated community, and by the citizens of this State. There is no intent on the part of the DEP or OER to give this guidance the same weight or deference as a statute, rule, adjudication or rule of law. This document provides a framework within which the DEP can exercise its administrative discretion. The DEP specifically reserves the right to deviate from this guidance document where circumstances may warrant such action.
West Virginia Voluntary Remediation and Redevelopment Act Guidance Manual
ACKNOWLEDGEMENTS
The Guidance Manual was written by the Technical Subcommittee of the Voluntary Remediation and Redevelopment Act Steering Committee. The Division gratefully acknowledges the work of the many persons who gave tirelessly of their time, energy and expertise.
Technical Subcommittee Members:
Mary Anderson, League of Women Voters
Jim Bodamer, WV Manufacturers Association, Chair
Ann Bradley, WV Chamber of Commerce
Marguerite Carpenter, WV Manufacturers Association
Ken Ellison, Division of Environmental Protection
Jim Kotcon, West Virginia University
Ron Potesta, WV Association of Consulting Engineers
Rudy Schuller, WV Oil & Natural Gas Association
The Division also acknowledges the assistance and contributions of individuals supporting the Technical Subcommittee:
Rachael Bell, WVU Graduate School
Jerome Cibrik, Union Carbide
David Hight, Division of Environmental Protection
William Jones, WVU Graduate School
Gale Lea, Jackson & Kelly
Mark Mummert, Environmental Consulting Inc.
Jan Taylor, National Institute for Chemical Studies
Mindy Yeager, Potesta & Associates
The Division wishes to acknowledge the National Institute for Chemical Studies for coordinating the expert peer review. The following expert peer reviewers have provided recommendations on the technical accuracy and completeness of the Guidance Manual, many of which were incorporated into the final version.
Waste and Chemical Management Division, EPA Region III
Hazardous Site Cleanup Division, EPA Region III
Terrie Baranek, ECT.CON Inc.
William Brattin, ISSI, Incorporated
Nancy Doerrer, American Industrial Health Council
Bruce Fishman, RBR Consulting, Inc.
Glenn Suter, Oak Ridge National Laboratory
Additional thanks go to key DEP staff support.
Rhonda McGlothlin
Wilma Pomeroy
WEST VIRGINIA
VOLUNTARY REMEDIATION AND REDEVELOPMENT ACT
GUIDANCE MANUAL
Section 1.0 OVERVIEW OF THE VOLUNTARY REMEDIATION AND REDEVELOPMENT PROGRAM 1 - 1
1.1 General Structure of the Program 1 – 3
1.1.1 Responsibilities of the Licensed Remediation
Specialist 1 – 3
1.1.2 Remediation Standards Concept 1 – 4
1.1.3 Flexible Use of Remediation Standards Options 1 – 4
1.1.4 Applicability of the VRRA to a Site 1 – 7
1.2 Sequence of Actions for Implementation of VRRA 1 – 7
1.2.1 Site Assessment 1 – 8
1.2.2 Submission of an Application for Voluntary
Remediation and Redevelopment of a Site 1 – 8
1.2.3 Public Notification and Involvement 1 – 10
1.2.4 Remediation Standard Selection 1 – 14
1.2.5 Development of Risk-Based Concentrations 1 – 14
1.2.6 Submittal of the Remedial Action Workplan 1 – 14
1.2.7 Remedy Implementation 1 – 15
1.2.8 Closure / Remediation Verification 1 – 15
1.2.9 Final Report Submitted for WVDEP Approval 1 – 15
1.2.10 WVDEP Issuance of Certificate of Completion 1 – 16
1.3 Interaction of the Voluntary Remediation Program With
Other Environmental Programs 1 – 18
1.4 References 1 – 19
Section 2.0 SITE ASSESSMENT 2 - 1
2.1 Site Characterization Objectives 2 – 1
2.2 Preliminary Characterization 2 – 3
2.2.1 Evaluation of Historical and Current Land Uses
to Identify COPCs 2 – 3
2.2.2 Preliminary Evaluation of Site Physical
Characteristics 2 – 4
2.2.3 Preliminary Identification of Potential Human
and Ecological Receptors 2 – 5
2.2.4 Develop a Conceptual Site Model 2 – 9
2.2.5 Risk Evaluation 2 – 11
2.3 Develop Data Requirements for Sampling and Analysis Plans 2 – 11
2.3.1 Risk Assessment Data Requirements 2 – 14
2.3.2 Data Requirements for Remedial Action Design
(if applicable) 2 – 15
2.3.3 Data Requirements for Modeling (if applicable) 2 – 16
2.4 Developing specific Investigation Techniques for SAPs 2 – 20
2.4.1 Data Quality Considerations 2 – 21
2.4.2 Selection of Analytical Methods 2 – 22
2.4.3 Health and Safety Considerations 2 – 23
2.4.4 Surface and Subsurface Soils 2 – 23
2.4.5 Storm Water Runoff 2 – 28
2.4.6 Site Infiltration and Vadose Zone Characteristics 2 – 30
2.4.7 Groundwater 2 – 30
2.4.8 Surface Water and Sediment Sampling 2 – 36
2.4.9 Indoor Air Quality (IAQ) 2 – 39
2.4.10 Tanks, Drums and Asbestos Containing
Materials (ACM) 2 – 41
2.4.11 Decontamination 2 – 44
2.4.12 Investigation Derived Waste 2 – 45
2.4.13 Modeling 2 – 52
2.5 Background Concentrations 2 – 58
2.5.1 Definition of Background 2 – 58
2.5.2 Comparison of Site Contaminant Concentrations
to Background 2 – 62
2.6 Contaminants of Concern 2 – 62
2.6.1 Field or Laboratory Contaminants 2 – 63
2.6.2 Low Concentrations and Low Frequency
of Detection 2 – 63
2.6.3 Unusually High Sample Quantitation Limits 2 – 64
2.6.4 Comparison to Background 2 – 65
2.6.5 Evaluate Essential Nutrients 2 – 65
2.6.6 Screen Against De Minimis or Benchmark Levels
to Identify COCs 2 – 65
2.6.7 Additional Issues for Consideration 2 – 65
2.7 Presentation of COCs in Tabular Format 2 – 67
2.8 References 2 – 67
2.8.1 Preliminary Characterization 2 – 67
2.8.2 Risk Assessment Data Requirements 2 – 67
2.8.3 Data Requirements for Remedial Action Design 2 – 68
2.8.4 Data Requirements for Modeling 2 – 68
2.8.5 Investigation Techniques for Sampling and
Analysis Plans 2 – 68
2.8.6 Background 2 – 72
2.8.7 Contaminants of Concern 2 – 73
Section 3.0 HUMAN HEALTH STANDARDS 3 – 1
3.1 Introduction 3 – 1
3.2 Human Health De Minimis Risk-Based Standard 3 – 3
3.2.1 De Minimis Standards for Soil 3 – 4
3.2.2 De Minimis Standards for Ground Water 3 – 4
3.2.3 Implementing the De Minimis Standards 3 – 5
3.3 Uniform Risk-Based Standard 3 – 5
3.3.1 Uniform Standards for Groundwater 3 – 6
3.3.2 Uniform Standards for Soil 3 – 7
3.3.3 Establishing the Uniform Standards 3 – 7
3.3.4 Uncertainty Analysis 3 – 8
3.3.5 Attaining Compliance with the Uniform Standard 3 – 8
3.4 Site-Specific Risk-Based Standard 3 – 10
3.4.1 Baseline Risk Assessment 3 – 10
3.4.2 Implementing Site-Specific Risk-Based Standards 3 – 23
3.5 References 3 – 25
Section 4.0 ECOLOGICAL RISK-BASED STANDARDS 4 – 1
4.1 De Minimis Ecological Screening Evaluation 4 – 6
4.1.1 Identifying Potential Receptors of Concern 4 – 7
4.1.2 Determination of Exposure Pathway 4 – 8
4.1.3 Exposure Characterization 4 – 9
4.1.4 Reporting Requirements 4 – 9
4.2 Uniform Ecological Evaluation 4 – 12
4.2.1 Benchmarks and Generic Exposure Models
for Uniform Ecological Evaluation 4 – 12
4.2.2 Applicant-Derived Benchmarks for Uniform
Uniform Ecological Evaluation 4 – 12
4.2.3 Risk Characterization Based on the Uniform
Ecological Evaluation 4 – 14
4.2.4 Reporting Requirements for the Uniform
Ecological Evaluation 4 – 18
4.3 Ecological Site-Specific Risk-Based Standards 4 – 18
4.3.1 Problem Formulation 4 – 19
4.3.2 Quantitative Exposure Analysis 4 – 20
4.3.3 Ecological Response Analysis 4 – 24
4.3.4 Risk Characterization 4 – 24
4.3.5 Remediation Standards Based on Ecological Risk 4 – 26
4.3.6 Uncertainty Analysis 4 – 26
4.3.7 Reporting Requirements 4 – 27
4.4 References 4 – 29
Section 5.0 RESIDUAL RISK ASSESSMENT 5 – 1
Section 6.0 PROBABILISTIC RISK ASSESSMENT 6 – 1
Section 7.0 REMEDY SELECTION AND EVALUATION 7 – 1
7.1 General 7 – 1
7.2 Identification of Candidate Remedies 7 – 2
7.3 Initial Screening of Candidate Remedies 7 – 2
7.3.1 Screening Criteria 7 – 4
7.3.2 Screening Method 7 – 4
7.4 Evaluation of Short-List Remedies 7 – 5
7.4.1 Evaluation Criteria 7 – 5
7.4.2 Evaluation Method 7 – 8
7.5 Inclusion of Natural Attenuation in Remedy Evaluation 7 – 9
7.5.1 Developing Evidence in Support of Natural
Attenuation 7 – 10
7.5.2 Simulation of Natural Attenuation 7 – 13
7.5.3 Conduct an Exposure-Pathway Analysis 7 – 14
7.5.4 Develop a Long-Term Monitoring Plan 7 – 15
7.6 References 7 – 15
7.6.1 Remedy Selection, Contaminant-Specific 7 – 15
7.6.2 Remedy Selection, Technology-Specific 7 – 16
7.6.3 Remedy Evaluation 7 – 17
7.6.4 Electronic Data Bases 7 – 18
7.6.5 Cost Analysis / Economics 7 – 18
7.6.6 Natural Attenuation 7 – 18
Section 8.0 REMEDIAL ACTION WORKPLAN 8 – 1
8.1 Purpose 8 – 1
8.2 Information Required 8 – 1
8.3 Remediation Standards 8 – 1
8.4 Remediation Measures 8 – 2
8.4.1 Selection of Alternatives 8 – 2
8.4.2 Natural Attenuation 8 – 2
8.4.3 Uncertainty or Risks 8 – 2
8.5 Remediation 8 – 3
8.6 Submittal 8 – 3
Section 9.0 FINAL REPORT 9 – 1
9.1 Contents 9 – 1
9.2 Appendices 9 – 1
9.3 Additional Documentation 9 – 1
9.4 Certification 9 – 2
Appendix A: Checklist For Conceptual Site Model Development
Appendix B: Determining Background Concentrations
Appendix C-1: Determination Of The Applicable Human Health Standard
Appendix C-2: Checklist To Determine The Applicable Ecological Standard
Appendix D: Equations For The Uniform Human Health Standards For Soil And Drinking Water
Appendix E: Relative Absorption Factors And Bioavailability
Appendix F: Risk Assessment For Lead
Appendix G: References To Benchmark Screening Levels
Appendix H: Site Specific Risk Assessment
Appendix I: Probabilistic Methodologies In Risk Assessment
Appendix J: Office Of Water Resources In-Stream Monitoring Procedures To Determine Impact On The Surface Water From Non-Point Source Site Remediation Projects
ACRONYM LIST
ACM Asbestos Containing Materials
ASTM American Society for Testing Materials
API American Petroleum Institute
ATSDR Agency for Toxic Substances and Disease Registry
BOD Biological Oxygen Demand
BTEX Benzene, Toluene, Ethylene, Xylene
CEPPO Chemical Emergency Preparedness and Prevention
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CERCLIS CERCLA List
CFR Code of Federal Regulations
CLP Contract Laboratory Program
COCs Chemicals of Concern
COD Chemical Oxygen Demand
COPCs Chemicals of Potential Concern
CSF Cancer Slope Factor
CSR Code of State Regulations
CWA Clean Water Act
DQOs Data Quality Objectives
Eh Redox Potential
EPCRA Emergency Planning and Community Right-to-Know Act
ERNS Emergency Response Notification System
FEMA Federal Emergency Management Agency
FISs Flood Insurance Studies
FSP Field Sampling Plan
GC-MS Gas Chromatography-Mass Spectrometry
GPA Groundwater Protection Act
HASP Health and Safety Plan
HAZWOPER Hazardous Waste Operations and Emergency Response
IAQ Indoor Air Quality
IDW Investigation Derived Waste
IDWMP IDW Management Plan
Koc Organic-Carbon Partition Coefficient
Kow Octanol-Water Partition Coefficient
LDRs Land Disposal Restrictions
LRS Licensed Remediation Specialist
MDL Method Detection Limit
MTBE Methyl Tertiary Butyl Ether
NAD North American Datum
NAPLs Non-Aqueous Phase Liquids
NESHAP National Emission Standards for Hazardous Air Pollutants
NIOSH National Institute for Occupational Safety and Health
NIST National Institute of Standards
NJDEP New Jersey Department of Environmental Protection
NPDES National Pollutant Discharge Elimination system
NPL National Priority List
NVLAP National Voluntary Laboratory Accreditation Program
NWWA National Water Works Association
OER Office of Environmental Remediation
OPPE Office of Policy, Planning and Evaluation
OSHA Occupational Safety and Health Administration
OSWER Office of Solid Waste and Emergency Response
OWM Office of Waste Management
PAHs Polyaromatic Hydrocarbons
PCBs Polychlorinated Biphenyls
PCE Tetrachloroethene
PCP Pentachlorophenol
PELs Permissible Exposure Limits
PIP Public Involvement Plan
POTN Publicly Owned Treatment Works
PPE Personal Protective Equipment
PQL Practical Quantitation Limit
QAPP Quality Assurance Project Plan
QA / QC Quality Assurance / Quality Control
RCRA Resource Conservation and Recovery Act
RfC Reference Concentration
Rfd Reference Dose
the Rule Voluntary Remediation and Redevelopment Rule (Title 60 Code of State Rules, Series 3)
SAP Sampling and Analysis Plan
SCS Soil Conservation Service
SIC Standard Industrial Classification
SQL Sample Quantitation Limit
TCE Trichloroethene
TCLP Toxic Compound Leaching Procedure
TEGD Technical Enforcement Guidance Document
TICs Tentatively Identified Compounds
TNT Trinitrotoluene
TOC Total Organic Carbon
TPH Total Petroleum Hydrocarbons
TSCA Toxic Substances Control Act
TSD Treatment, Storage and Disposal
TSS Total Suspended Solids
TVOCs Total Volatile Organic Compounds
USDA United States Department of Agriculture
USEPA United States Environmental Protection Agency
USGS United States Geological Survey
UST Underground Storage Tank
UTM Universal Transverse Mercator
VRA Voluntary Remediation Agreement
VRRA Voluntary Remediation and Redevelopment Act
VOCs Volatile Organic Compounds
WHO World Health Organization
WV West Virginia
WVDEP West Virginia Division of Environmental Protection
WVDNR West Virginia Division of Natural Resources
XRF X-ray Fluorescence
West Virginia
Voluntary Remediation and Redevelopment Act
Guidance Manual
1.0 OVERVIEW OF THE VOLUNTARY REMEDIATION AND REDEVELOPMENT PROGRAM
The Voluntary Remediation and Redevelopment Act (VRRA) was enacted by the West Virginia (WV) Legislature for the purpose of encouraging the voluntary clean-up of contaminated sites and redevelopment of abandoned and under-utilized properties. Properties in the state are not being productively used because of contamination or the perception of contamination. Because many of these properties are located in areas with existing industrial infrastructure, redevelopment of these sites can be less costly to society than developing pristine sites.
The VRRA encourages voluntary remediation and redevelopment through an administrative program set out in the WV Code of State Regulations, Title 60, Series 3 entitled the Voluntary Remediation and Redevelopment Rule (the Rule), which became effective on July 1, 1997. The VRRA limits enforcement actions by the WV Division of Environmental Protection (WVDEP), provides financial incentives to entice investment in brownfield sites, and limits liability under environmental laws and rules for those who remediate sites under the standards provided in the Rule.
Both the VRRA and the Rule were cooperatively developed by a diverse group of stakeholders. This process has led to a strong program that is protective of communities and the environment while promoting economic development in West Virginia. The VRRA provides for flexibility in the voluntary clean-up of under-utilized properties and marks a turning point in state environmental policy. Figure 1-1 depicts the process to be followed in the Voluntary Remediation Program. Details of the process are provided in this section.
This Guidance Manual is provided to assist those who would like to participate in West Virginia’s Voluntary Remediation Program. The information provided in this document is, indeed, guidance. Although based on the VRRA and the Rule, this document does not carry the weight of law or regulation. The following information is intended to provide guidelines and to help lead an applicant through the Voluntary Remediation Program. Technical and scientific methods included with this guidance are acceptable to the WVDEP but are, by no means, the only acceptable alternatives. WVDEP recognizes that every site is unique and that no one guidance manual will be able to contain all of the scientifically valid methods of assessing and remediating contaminated properties. VRRA encourages flexibility in remediating these under-utilized and contaminated sites, both for the VRRA participant and for WVDEP. This section is merely an overview of the requirements for the VRRA program. Details of the program are provided in the following sections.