1 Determining Which Releases are Subject to the

1 Determining Which Releases are Subject to the Texas Risk Reduction Program Rule (TRRP) Gerald (Jerry) Wick, P. G. Project Manager, VCP-CA Section Remediation Division Texas Commission on Environmental Quality

Current memo is from 11/19/2010 Current Guidance: “Determining Which Releases Are Subject to TRRP” found at: www. tceq. texas. gov/assets/public/remediation/ trrp/releases. TRRPrev. pdf Helpful Links: www. tceq. texas. gov/remediation/trrp/ guidance. html (TRRP Guidance and Forms) www. tceq. texas. gov/remediation/trrppcls. (Soil TPH calculator and PCL tables) html 2

Conditions Held True for Use of Determining Which Releases are Subject to TRRP 3 Notice of release sent to TCEQ in accordance with the Texas Water Code (TWC) and applicable program rules All source areas adequately identified Samples properly collected analyzed for chemicals of concern (COCs) The Release is assessed to less than Action Levels Groundwater must be sampled for COCs at source area where soil-to-groundwater (GWSoil. Ing) action level is exceeded, and excavation or SPLP is performed If any of these conditions are not met, the release is subject to TRRP

Release Defined 4 Pick your verb: Spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment Release not defined by: Concentrations, rates, or durations quantities,

Release 5 Other statutes, rules, and guidance define actionable thresholds. Some examples: Statutes: TWC 26. 301, Texas Health & Safety Code (THSC) 361. 003, Rules: 30 TAC Chapters 327 (Spill Rules), 334 (PST Rules), 350 (TRRP)

Considerations for Selecting COCs 6 Does assessment indicate that metals, organics, or ‘other’ were used in processes at the site? Do you have process knowledge, waste streams, historical operations, etc. ? Metals Exceed the Texas-Specific Soil Background Concentrations (350. 51(m))? Within the range of established background or anthropogenic background? Note: RG 366/TRRP-10 Selecting Target COCs.

The Problem with Metals 7 can occur naturally in soil – detection is likely “Round up the usual suspects!”

8 Defining Background for Metals v Samples in an environmental medium containing a COC that is naturally occurring or anthropogenic. v Background is required for use in a statistical model appropriate for testing the hypothesis that the background area characterized by these kinds of models has the same concentrations of the COC as the affected property. v The background area characterized is as "close" as possible to the affected property, in either space or time, as required. v Use established background or refer to Texas-Specific Soil Background Concentrations (published).

SPLP Tests 9 SPLP = Synthetic Precipitation Leaching Procedure (SW-846 EPA Method 1312) Common Practice: Compare SPLP results to Groundwater PCL from Table 3 of Tier 1 PCL Lookup Tables Example – Arsenic: Soil conc. = 100 mg/kg Leachate = 0. 008 mg/L Water PCL = 0. 010 mg/L Is Soil protective of Groundwater? Yes X No Acid Soil Leachate “Drinkable” = PCL

Exposure Pathways Lowest Tier 1 Residential PCL for 0. 5 -acre Source Area and Class 1 Groundwater for All Applicable Human Exposure Pathways Media Tot. Soil Surface Soil Comb GWSoil X Ground water X GW GWIng X Air. Soil Inh-V Bkg/MQL X Subsurface Soil Media Ing Air GWInh-V X 10 X X Bkg/MQL X If Bkg/MQL > PCL, use higher of Bkg or MQL as the Action Level For metals, use the higher of Bkg/Action Level PCL: Protective Concentration Level; GW: groundwater; Bkg: background; MQL: method quantitation limit X

Applicable Scenarios 11 Scenario Trigger Corrective Action Report 1 No Release COC < MQL/Bkg None No Report – No Deadline 2 < Action Levels MQL/Bkg < COC < Action Level None Letter report – No Deadline COC > Action Level Remove/Decon to PCLs or SPLP Letter report, corrective action finished < 60 days 3* > Action Levels Any other situations that don’t meet Scenarios 1, 2, or 3 and the basic assumptions for use of 11/19/10 memo must follow normal TRRP process and standard reports (e. g. , APAR) to utilize full TRRP flexibility. *Option to excavate or SPLP analysis

Scenario 1 12 No TRRP standardized reports required when: COCs are less than or equal Bkg/MQL Can use established Bkg or Texas-Specific Soil Background Concentration No response actions used to achieve Bkg or MQL Other Program requirements could apply – such as rule, permit, or enforcement; which ever is more stringent

Example Phase II Investigation at Johnny’s Battery Supply 13

Scenario 1 - COC Concentrations Less Than or Equal to MQL or Background 14 Samples collected around shop area for 8 RCRA metals Sample results were below sample detection limit except for lead at 6 mg/kg (GWSoil. Ing = 3. 0 mg/kg) However, Texas-Specific Soil Background Concentrations for lead is 15 mg/kg No Further Action required/ No report required

Scenario 2 15 Use letter report with completed Tier 1 Eco Checklist to provide findings to TCEQ: Passes COC No Tier 1 Eco Exclusion Criteria checklist, concentrations < Soil Action Levels, evidence of other affected or threatened media TRRP Applies? Yes No x

Example Phase II Investigation at Pete’s Metal Plating Shop 16

Scenario 2 – COC Concentrations MQL/Background but < Action Levels > 17 Samples collected around shop area for 8 RCRA metals Sample concentrations were below sample detection limit (SDL) except for chromium (total) at 72 mg/kg Texas-Specific Soil Background Concentration for chromium (total) is 30 mg/kg; however, the lowest PCL (GWSoil. Ing) is 2400 mg/kg (action level) Site passes Tier 1 Eco Checklist No Further Action required - Submit report to TCEQ

Scenario 3 TRRP does apply for any of the following: Site fails Tier 1 Eco Checklist COCs in soil exceed Action Levels, and Soil options not used or failed to reach levels Groundwater sampling not feasible or not elected COCs in groundwater exceed Action Levels TRRP Applies? Yes x No 18

Scenario 3 - continued However, TRRP may not apply if: COCs in soil exceed Action Levels and Soil options (excavation/SPLP) address the release Groundwater is not impacted and Passes Tier 1 Eco Checklist 19

Scenario 3 – COC concentration in Soil is > GWSoil. Ing Action Level: Excavate or SPLP Testing Option A Option B Excavate SPLP Test SPLP Action Level is GWGWIng (Class 1 Res PCL) SPLP Test can be done before, after, or in lieu of excavation Use of SPLP test is not an option to address exceedance of Tot. Soil. Comb or Air. Soil. Ihn-V pathways 20

Scenario 3 - COC concentration in Soil is > Tot. Soil. Comb or Air. Soil. Inh-V Action Level Soil Pathway COC > Tot Soil Comb COC > Air Soil Inh-V 21 Option Excavate and resample to verify COC concentrations are below Action Levels A representative GW sample is below Action Levels Properly dispose affected soil within 60 days from the date the release was reported to the agency Submit a report with Tier 1 Eco Checklist documenting the actions taken and justification for no further action

Examples - continued Excavation at Joe’s Gas & Splash 22

Scenario 3 – Option A. Excavation and Proper Disposal of Affected Soil 23 Fuel release - Soil samples were collected from the base of the preliminary excavation. Soil analytical results determined that BTEX, TPH, and PAHs were above the GWSoil. Ing Action Levels but representative GW sample = ND Additional excavation was conducted. Confirmation samples now below Action Levels Tier 1 Eco Checklist passes Submit a Report of Findings to the TCEQ

Example Phase II at Joe’s Truck Wash 24

Scenario 3 – Option B. SPLP Analysis to Determine COC Leachability 25 Several borings installed around an oil/water separator Analyzed for VOCs and found TCE and 1, 1 -DCE above GWSoil , with minor hits of TPH Ing Additional analyses were also performed using SPLP on the sample(s) exhibiting the highest TCE & 1, 1 -DCE concentrations SPLP results show that 1, 1 -DCE was not detected above the sample detection limit TCE was detected in a couple soil samples the highest being 0. 63 mg/kg and the leachate at a concentration of 0. 00152 milligrams per liter (mg/L), below the Tier 1 GW Residential PCL

Scenario 3 - Continued Option B. SPLP Analysis 26 A representative groundwater sample was collected; Only TCE detected in groundwater at a concentration of 0. 0034 mg/L, below the GWGWIng PCL of 0. 005 mg/L The site passed the Tier 1 Eco Checklist Submit a Report of Findings to the TCEQ. Based on the findings, the release is not subject to TRRP

Example Clean-up in Joe’s Back Yard 27

Scenario 3 – Example Combination of Options A & B Area of soils impacted with Chemical X. PCLs: Tot. Soil GWSoil Comb = 202 mg/kg, Ing = 11 mg/kg, and GWGW Ing = 0. 007 mg/L Soils exhibiting concentrations of Chemical X above Tot. Soil Comb PCL are excavated and disposed Area resampled to find highest remaining soil sample concentration to be at 15 mg/kg SPLP analyses performed on sample with highest remaining concentration. SPLP results = 0. 004 mg/L 28

Scenario 3 – Example Combination of Options A & B - Continued Collect representative GW sample. Results show concentration of Chemical X = 0. 003 mg/L and no other detections Submit report documenting actions taken along with completed (and passed) Tier 1 Eco Checklist – justifying No Further Action Note the time constraints (within the 60 days) to perform excavation/additional excavation, resampling, SPLP analysis, and GW sampling 29

30 Proposed Revisions to 11/19/10 Document “Determining Which Releases are Subject to TRRP” Background Determination – can use site specific Total petroleum hydrocarbon calculator – not considered Tier 2 Allowing 90 days versus 60 days to complete excavation & proper disposal once reported

In Summary v v 31 Current document “Determining Which Releases are Subject to TRRP” is from 11/19/2010 NFA when COC Concentrations Less Than or Equal to MQL or Background When soil samples exceed Bkg or MQL but below GWSoil. Ing action level - Provide a letter report with Tier 1 Eco Checklist to TCEQ When soil action levels are greater than GWSoil. Ing; options to perform excavation or SPLP but always need a GW sample - Provide a report of findings with Tier 1 Eco Checklist

Contact Information 32 Jerry Wick, P. G. Project Manager VCP-CA Section jerry. wick@tceq. texas. gov Remediation Division General Info Line: (512) 239 -2200 Mailing: TCEQ Remediation Division, Bldg D, P. O. Box 13087, MC-127, Austin, Texas 78701 -3087