CBIA April 17, 2015 Connecticut Department of Energy and - PDF document

4/23/2015 Connecticut Department of Energy and Environmental Protection Risk-Based Decision-Making Recommendation Report CBIA April 17, 2015 Connecticut Department of Energy and Environmental Protection 1

4/23/2015 Cleanup Programs Transformation • Theme: DEEP resources targeted to higher risks, flexible practical remedies for all sites • 2013: – RSRs amended – great results already – Significant Hazard Notification statute improved, effective July 2015 – Muni Brownfield Liability Relief – new Institutional Controls – Risk-based decision-making evaluation Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection Risk-based Decision-making • DEEP to evaluate risk-based decision-making – Use neutral contractor to analyze and issue report • CDM Smith selected, competitive process • Scope developed by DEEP, with DPH and stakeholder representative • CDM’s Report – August 29, 2014 • Public Comments – October 1, 2014 • DEEP’s Final Report – April 15, 2015 Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection 2

4/23/2015 CDM’s themes – where CT is • CT’s cleanup standards (RSRs) are similar to surrounding states – No bias in CT despite rumors • CT’s risk assessment approach for polluted soil is generally valid, similar to EPA/many states • CT’s risk approaches are in top half of “best practices” of states CDM evaluated – 6 New England states, NY, NJ, MI, IL, TX, CA, MT, British Columbia and EPA Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection CDM’s themes – changes recommended • Polluted soil – Cancer risk goal for soil can be less protective – Ecological risk goal (to invertebrates, plants) for soil can be more protective • Promote optional site-specific RA • Update numeric cleanup criteria, and use a process that results in updates • Publish ecological risk assessment guidance, efficient screening tools Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection 3

4/23/2015 Specific CDM Recommendations Re • move Human Health Risk Assessment function from DPH to DEEP • provide process for public/local gov to propose non-standard solutions in communities burdened with brownfield sites Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection DEEP’s Plan • Keep human health risk assessment at DPH • Will continue to develop flexible remedy options for all sites including brownfields, matching risk to remedy options – Will not develop different health based goals for different communities Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection 4

4/23/2015 CDM Recommendations - Criteria • Change cancer risk goal (human health) for polluted soil to 10 in 1M per chemical, and 100 in 1M for cumulative chemicals at a site • Add ecological-risk factors (invertebrates, plants) to soil criteria • Update numeric criteria; use a process that works – no legislative involvement • Make it easier to use site-specific risk assessment – if a party opts not to use RSR numeric criteria • Post on website underlying assumptions, models, of each RSR numeric criteria Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection DEEP’s Plan – Numeric Criteria • Existing cancer risk goal for soil is appropriate, – flexible remedy options to match risk to remedy are more productive – Wave 2 RSRs • Soil criteria are appropriate without adding eco-risk factors for invertebrates and plants • Create Science Advisory Panel early in criteria update process; keep legislature’s role • Promote site-specific risk assessments via RSR “Wave 2” amendments and guidance • Post info on web re criteria derivation Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection 5

4/23/2015 Eco Risk CDM: adopt/adapt ecological risk assessment and management programs in MA and BC DEEP’s Plan: - use tiered approach (from screening to full assessment) - exclude small developed parcels absent critical habitat - develop sediment benchmark criteria - publish guidance Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection Significant Env Hazard Notification • CGS 22a-6u • No reason based on CDM Report to make changes to SEHN statute • no large increase in notifications expected from 2013 amendments Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection 6

4/23/2015 Conclusion • DEEP has recommended a lot to do • Good progress is being made • April 28 – DEEP presentation on Risk Report Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection 7