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

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Connecticut Department of Energy and Environmental Protection

Connecticut Department of Energy and Environmental Protection

Risk-Based Decision-Making Recommendation Report

CBIA April 17, 2015

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Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection

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

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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

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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

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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

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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

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DEEP’s Plan

• Keep human health risk assessment at DPH
• Will continue to develop flexible remedy
• ptions for all sites including brownfields,

matching risk to remedy options

– Will not develop different health based goals for different communities

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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

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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

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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

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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

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Conclusion

• DEEP has recommended a lot to do
• Good progress is being made
• April 28 – DEEP presentation on Risk Report