Proposed VAP Rule Revisions April 2, 2019 300-01 Definitions - - PowerPoint PPT Presentation

Proposed VAP Rule Revisions

April 2, 2019

300-01 Definitions

• Clarifications and additions to existing

definitions support revisions to other rules.

• Add new definitions for:

– “Bioavailability” – “Central Management Entity” – “Construction Activities” – “Pathway Deferral” – “Pathway Exclusion” – Definitions of varying land use types

300-02 Eligibility

Proposed edits – VAP sufficient evidence trigger

– Director’s “enforcement letter” triggers option to show sufficient evidence of entry into VAP – Removed from letter definition: “with proposed director’s final findings and orders” – Thus, enforcement letter w/o draft DFFOs would trigger sufficient evidence option

300-02 Eligibility

Proposed edits – VAP sufficient evidence trigger

– Rule -02(C) conditions for showing sufficient evidence include:

• Began voluntary action work
• Scheduled remaining tasks
• Continued progress

– Conditions N/A only should Ohio EPA take no enforcement action within a year after the letter

• Removed “or a determination of sufficient

evidence”

300-03 Fees

• All fees to remain the same
• No substantive changes made
• Only structural changes made to the rule to

allow for congruence with other agency rules

300-04 Certified Labs

New Approach to Laboratory Certification

– Recognizing NELAP Accreditation – Standardizing QAPP and SOP Requirements – Performance Testing Program – Laboratory Auditing – Renewal Certification – Administrative and “Housekeeping” Changes

Recognizing NELAP Accreditation

• The NELAC Institute -- National Environmental

Laboratory Accreditation Program (NELAP)

– Optional - Not required for VAP certification

• Reliance on NELAP accreditation means…

– Streamlined certification and auditing – More than one “set-of-eyes” overseeing laboratory

• Ohio EPA retains ability to ensure quality

– Laboratory auditing – Compliance enforcement

Streamlined Laboratory Certification with NELAP Accreditation

• Certification Requirements

– Application w/Affidavit – Quality Assurance Program Plan (QAPP) – Standard Operating Procedures (SOPs) – Proficiency Testing Results – Method Detection Limit Study – Laboratory Audit

• Documentation of NELAP Accreditation

– Show accreditation is in “Good Standing” – Show accreditation’s for analytes, parameter groups and methods

Streamlined Laboratory Auditing with NELAP Accreditation

• Laboratory Auditing

– Review VAP Lab Reports – Review QAPP and SOPs – Proficiency Testing Results (new) – On-site Visit

• Laboratory can demonstrate NELAP

accreditation during compliance audit

Standardizing QAPP and SOP Requirements

• Must comply with Method requirements

– U.S. EPA SW-846 test methods

• Ohio EPA has additional minimum requirements

– Consistent with current requirements

• Performance-based testing may require

additional requirements

Changes to How Labs Comply with Minimum Requirements

• Current rule requires Ohio EPA review and

approval of QAPP and SOPs

– Any changes have to be reviewed and approved prior to use by lab – Ohio EPA can not require updates to QAPP or SOPs – Approved documents may not be consistent across all labs

• Proposed rule changes

– Rule has specific minimum requirements labs must follow – Labs responsible for meeting minimum QAPP and SOP requirements – Lab can update QAPP or SOPs at any time without Ohio EPA approval

Agency Specific Requirements

• Content of VAP Laboratory Report
• Data Interpretation and Reporting

Requirements

• Instrument Calibration Requirements
• Quality Control
• Preparation of Samples
• Analysis of Samples
• Additional QAPP Requirements

Ohio EPA Approved

Content of VAP Laboratory Report

• CL Affidavit
• Case Narrative – List of expected information

to include in narrative

• Analytical Results
• Quality Control Sample Results
• Chain of Custody
• Sample Receipt Form – List of expected information

to document on form

Laboratory Auditing – When Is It Done?

Current Rule

• Initial certification

– Required

• Add-on certification

– Discretionary

• Compliance audits

– Will be conducted periodically at Ohio EPA’s discretion

Proposed Rule

• Initial certification

– Required, except discretionary w/NELAP accreditation

• Add-on certification

– Discretionary

• Compliance audits

– Will be conducted periodically at Ohio EPA’s discretion

Laboratory Auditing – What Is Involved?

Current Rule

• Definition requires on-site

visit of laboratory

• Review of requested

information and on-site visit

• Review of analytical reports
• Compliance with approved

SOPs/QAPP

Proposed Rule

• Definition doesn’t require on-site

visit of laboratory

• Review of requested

information and/or on-site visit

• Review of analytical reports
• Compliance with minimum

requirements for SOPs/QAPP

• PT samples (optional, unless

required by rule)

Updating the Performance Testing Program

• When are performance testing (PT) samples required?

– Current rule only requires PT samples during initial or additional certification – Proposed rule also allows Ohio EPA to request PT samples at anytime [i.e., “tool-in-toolbox” for auditing]

• What kind of PT samples are required?

– Current rule only requires testing of water samples – Proposed rule will also require testing of solid matrix samples

• Proposed rule allows laboratory to rely on

NELAP accreditation in lieu of PT samples

Renewal Certification

• Relaxed timeframe for submittal of renewal

application

– If less than 90 days before expiration, certification may lapse – Certification period extended from 2 to 3 years

• Relaxed renewal options for additional

analytes/methods

– Can now add analytes/methods at renewal – Director may renew for previously certified analytes/methods, then add additional analytes/methods later

Renewal Certification

• Director may delay renewal of certification past the

expiration date, if deficiencies identified during a laboratory audit remain unresolved

• For certification relying on third-party accreditation,

proper documentation that accreditation remains in “Good Standing” is required

• Laboratory may “switch” certification at renewal to rely
• n maintaining NELAP accreditation

300-04 Administrative and Housekeeping Changes

• A Certified Laboratory (CL) may withdrawal

from program

– Certificate must be returned and cannot report certified data

• CL required to report loss of third-party

accreditation, when relied upon for certification

– CL violates standard of conduct if it issues certified data when third-party accreditation is not in “Good Standing”

300-04 Administrative and Housekeeping Changes

• Clarified that proper citation of method

numbers includes use of the revision suffix (e.g., Method 8260 B)

• Clarified steps for reinstatement of a

suspended laboratory

• CL cannot report samples from Tedlar bags

as certified data

300-04 Administrative and Housekeeping Changes

• Clarified that certification is limited only to hazardous

substances or petroleum (or their components)

• Clarified that a CL can only report analytes specified in

the method, unless certificate states otherwise

– Exceptions to certified data shall be noted in the CL affidavit

• Unless CL is informed of the need for lower applicable

standards, CL shall quantify at or below the single chemical generic numerical standard

– OAC 3745-300-08 -- [Appendices A and B] – CL must notify, in writing, that it is not capable of detecting COCs at or below the applicable standard

300-05 Certified Professionals

Added to 3745-300-05 (A)(2)(c)

• (iv) Previous performance of the individual with

regard to past performance working with Ohio EPA Added to 3745-300-05 (A)(2)(c)

• (vii) Performance of the individual with regard to

evaluating laboratory data quality and sufficiency to conduct a voluntary action

• Electronic Submittals
• Shortened Renewal Grace Period

Procedure for Renewal of Certification

Revision to 3745-300-05 (C)(13)

• If the director determines that the certified

professional has not submitted documentation of a completed application or the certified professional has not complied with a standard of conduct in performance of professional services as described in this rule, the director may deny the certification renewal application. If the director denies renewal of a certification, the director shall provide a letter that describes the reasons for the denial of certification renewal.

300-06 Phase I

• Aligned VAP to be more consistent with ASTM

standards

• Clarified language where rule requirement has

not been fully understood

• Added paragraph headers

300-06 Phase I

• C(1): “Historic and current uses of the property.”

– Added “…from the present back to the property’s first developed use, or back to 1940, whichever is earlier.”

• C(1)(b): “Chain of title investigation”

– Removed “Chain of title” language. – Added “Land title and property tax file investigation. A review of the recorded land title records and property tax file records…”

• C(2)(c): “Review of records for the property…”

– Added “…within a minimum of one-half mile of the property boundary…”

• C(2)(c): “Review of records for the property…”

– Added “Federal Resource Conservation and Recovery Act corrective action facilities list, of facilities within one mile of the subject property boundary”

300-06 Phase I

• G(8):

– Added “ A statement of any limitations, or qualifications, or data gaps which impact the phase I property assessment. This statement shall include an identification and explanation of any records of information which were not reviewed because either the records were determined not to be reasonably available, or the records could not be obtained despite good-faith efforts.

• H: “Phase I assessment update”

– Added “Phase I assessment update.If more than one hundred eighty days has elapsed since the completion of the requirements in paragraphs (C) and (E) of this rule for a phase I property assessment, the phase I property assessment shall be updated, as follows: (1) In accordance with paragraph (E)(1)(c) of rule 3745-300-07 of the Administrative Code, before the phase II property assessment begins. (2) In accordance with paragraph (D)(1) of rule 3745-300-13 of the Administrative Code, prior to issuance of a no further action letter.

300-07 Phase II

• Revised Exposure Unit Use in Determining

Maximum Concentrations of COCs in Soil

• Revised Vapor Intrusion Language on Sampling Soil

Gas and Indoor Air

• New Language on Uses and Limitations of Modeling
• Added Ohio EPA Soil Background Reports to Rule

Language

Exposure Units in -07

• “Exposure Unit” removed from -07(F)(6)(c)(ii), meaning the

maximum soil concentration is derived only within an identified area

• Exposure units can still be used to derive a representative

concentration in soil using 95% UCL or incremental sampling

• Decrease uncertainty from sparse sampling density
• Provide up-front clarity on Phase II sampling expectations
• Maximum soil concentration data per IA gathered in -07 may

support use of exposure units in -09

Revised Vapor Intrusion Language on Sampling Soil Gas and Indoor Air

Consider Temporal Variations in Sampling Timing to Characterize Representative Concentrations Weather Seasonal Operations

Rule 07: Revised Vapor Intrusion Language on Sampling Soil Gas and Indoor Air

Consider Temporal Variations in Sampling Timing to Characterize Representative Concentrations Water table elevation changes Changing COC concentrations in ground water HVAC use/non-use affecting building pressure changes

Rule 07: Revised Vapor Intrusion Language on Sampling Soil Gas and Indoor Air

Reliably bias sampling locations to area of highest concentration and shall consider:

– Distribution of COCs – Building occupancy (locations and receptors) – Building infrastructure (HVAC, partitions, utility conduits, sumps, etc.) – Geologic heterogeneity (such as permeability and fractures)

Not Specified in Rule Revision

Number of Samples Sample Locations Rounds of Sampling

____________________________________________________________________________________

 Site-Specific (source strength, exposure timing, etc.)

? VI Guidance

New Language on Modeling Uses and Limitations of Modeling -07(G)(3)

• (3) Uses and limitations of modeling.

– (a) A model may be used as a predictive tool to support a demonstration of ongoing compliance with applicable standards or to evaluate whether an exposure pathway is reasonably anticipated to be complete, subject to appropriate calibration and field-verification. – (b) A model may not be used in lieu of conducting sufficient sampling

• f environmental media in accordance with paragraph (E)(5) of this

rule to document existing environmental conditions.

New Language on Modeling Uses and Limitations of Modeling

• Predictive Tool

– Support ongoing demonstration of compliance with app standard – Evaluate likeliness of exposure pathway being complete – Appropriate well placement/sampling

• Calibration and field verification important
• Model cannot replace sufficient sampling to document

existing environmental conditions

Ohio EPA VAP Soil Background Reports

Use of Ohio EPA County Background Reports as VAP Background Levels now in Rule – Lack of appropriate background areas on VAP property – Same County as VAP property

300-07 Additional Changes

• -07(H)(1)(d)(i) “Collecting background level samples. At a

minimum, eight soil sampling points shall be used to calculate a background level within each zone…”

• -(F)(3)(a): UPUS is exceeded if free product present- already in
• 08 and -09, brought forth in -07 for clarity/consistency
• -(E)(5) Sampling media: clarified spatial distribution to mean

vertical and horizontal

300-08 Generic Standards New Rule

• Redline of text edits not shown
• Deleting unnecessary words

– (e.g., as, set forth, contained)

• Must to shall
• Changing chemicals of concern to COCs
• Large paragraphs split into smaller

subparagraphs

– (A)(2)(b), (A)(2)(c), (A)(3)(c), (F)(2)(b)

Example – (A)(3)(c)

Before

Example – (A)(3)(c)

After

(A)(1)(c) Applicability to Radioactive Materials

Current

• Cleanup of radionuclides in compliance

with requirements of Ohio Department

• f Health (ODH)

Proposed

• Volunteer shall contact ODH’s Bureau
• f Environmental Health and Radiation

Protection regarding cleanup of radionuclides

When to Conduct a PSRA

COC is a PBT (A)(3)

Land Use & Activity Categories

• (C)(1)(a) – Select land use or activity category

consistent with the land use definitions

• (C)(2)

– References to definitions in Rule 1 – Definitions include examples

Land Use & Activity Definitions

SNEAK PEEK

NEW

Residential Land Use

• Direct contact with soil and vapor intrusion
• Examples: residences, apartments, condos, dorms,

nursing homes, correctional facilities

Residential Land Use

Unrestricted Residential

• Any land use without

further restriction Restricted residential

• Modified point of

compliance

• Central management entity

must implement institutional and engineering controls

Commercial with High Frequency Child Exposure

• High frequency

exposure of children

• Direct contact with soil

and vapor intrusion

• Examples: schools and

day cares

Commercial and Industrial

Commercial Land Use

• Workers and visitors during

the business day

• Low frequency child

exposures

• Direct contact and vapor

intrusion

• Examples: shopping centers,

restaurants, gas stations,

• ffices, hospitals, hotels,

warehouses, agricultural facilities and cropland Industrial Land Use

• Workers and visitors during

the business day

• Low frequency child

exposures

• Direct contact and vapor

intrusion

• Examples: manufacturing

facilities, plating shops, coke plants, oil refineries, chemical and plastic plants, railyards, etc.

Construction Activities

• Invasive activities
• Duration of one year
• Direct contact with soil
• Examples: excavation,

grading, bulldozing, tilling, trenching, utility installation or maintenance, building construction, heavy equipment operation, unpaved road traffic

Recreational Use

• Highly variable exposure
• Property-specific
• Direct contact with soil &

sediment, direct contact with surface water, ingestion of fish, vapor intrusion

• Examples: Trails, picnic areas,
• utdoor performance areas,

playfields, green spaces, fishing, boating, swimming, playgrounds, recreational shelters, educational programming facilities, etc.

GNS Definition

• Concentration that

exists on a property

Current

• Concentration

determined pursuant to 3745- 300-08

Proposed

Indoor Air Standards

• Currently paragraph (D) - Moved to paragraph

(C)(4)

• Concentrations of COCs in ground water or

soil gas may be used to evaluate VI pathway following rule 07

Model

Generic Surface Water Standards

(F)(2)(a)

OMZA should be compared against ambient samples averaged over 30- day period Single ambient samples shall not exceed OMZM OR OMZA if 30- day average not

• btained

Sediment Standards for Important Ecological Resources

• (H)(1) – Volunteer shall

do either of following:

• (H)(2) – Compare

concentration of COCs to ecological reference values

• Appendix B

– SRVs by ecoregion in Table I – Consensus-based TEC values in Table II

• Region 5 ecological

screening levels removed

Determine compliance following (F)(5) of Rule 9 OR Sample sediments & apply standards

Updates to GNS

• Physical/chemical parameters
• Exposure factors
• Toxicity criteria
• Volatility
• TO-15
• Trichloroethylene equations updated

GNS for Commercial Land Use with High Frequency Child Exposure

Exposure Factor Recommended Value Exposure duration 6 years Exposure frequency 250 days Exposure time 10 hours/day Body weight Ages 0 - 6 Ages 6 - 16 15 kg 80 kg Soil ingestion rate Ages 0 - 6 Ages 6 - 16 100 mg/day 50 mg/day Surface area Ages 0 - 6 Ages 6 - 16 2,373 cm2 6,032 cm2 Adherence factor Ages 0 - 6 Ages 6 - 16 0.2 mg/cm2 0.07 mg/cm2

VAP Lead Standards

• CDC blood lead upper reference level of

5µg/dL

• U.S. EPA updated model parameters

– Maternal blood lead concentration at childbirth (MatPb) – Geometric standard deviation (GSDi) – Baseline blood lead level (PbB0)

Lead Standards

Lead Standard (mg/kg) Residential Commercial with High Frequency Child Exposure Commercial or Industrial Construction Current Standard 400 NA 800 400 Proposed Standard 200 210 1,200 640

Support Document

New equations

A

Updated tables GW dermal table

B

Land use Exposure factors

C

Lead TCE TPH

D

300-09 Property Specific Risk Assessment

Proposed Changes

• Petroleum Standards – additional constituents added in

analysis of light fraction:

– Naphthalene and 1,2,4-trimethybenzene

• TPH evaluation for gasoline formulated prior to 1996 –

must analyze for lead scavengers 1,2-dicloroethane and 1,2-dibromoethane

• Specified soil as complete exposure pathway for evaluation
• f ecological pathways
• Added COCs that are persistent, bioaccumulative and toxic

back to rule 08 screening levels

• Added bioavailability as adjustment to absorption in

ingestion equation

300-09 Proposed Changes

• Absorption factors & adjustment of toxicity – added bioavailability

see 09 (D)(3)(ii)

• Just what is bioavailability anyway?

– Fraction of contaminant in media which crosses gastrointestinal tract, becomes available for distribution in blood - in other words, 100% of COC not available for uptake and distribution

• When 100% of COC is not bioavailable, allows for higher

concentration in media which is then modified via bioavailability factor

• Our generic standard for arsenic incorporates bioavailability factor
• f 0.6
• Our lead standard is derived using bioavailability within IEUBK

model

• Property specific bioavailability value can affect final clean-up

values significantly

• Bioaccessible –
• What fraction is accessible

for absorption after release from matrix (soil) to cross gut or epithelium

• Bioavailable –
• What fraction enters blood

stream & available for effect on target organ (liver)

• Differing analytical methods to

evaluate & measure these two parameters

• typically total

concentration in blood or

• rganism over total

concentration in soil

300-09 Proposed Changes

• Significant changes under provisions requiring property specific

ecological risk assessment (ERA)

– Our ERA Guidance has also been updated – Makes Ohio sediment reference values (SRVs) part of 08 rule – cross referenced in 09 – Makes McDonald TECs part of 08 rule – cross referenced in 09 – Clarifies role of upstream contributions, anthropogenic inputs to quality of receiving water body & clarifies qualitative evaluation for low-quality habitat – Clarifies when sediment evaluation is for human or ecological receptors

Revision to Ecological Risk Assessment (ERA)

• To reiterate… revisions incorporate Ohio’s sediment

reference values (SRVs), and threshold effect concentrations (TEC) (including some persistent bioaccumulative toxic compounds - PBTs) directly into Rule 08 with cross- references to Rule 09.

– SRVs: Ohio specific sediment values for METAL CONSTITUENTS in sediment evaluation. – TECs: utilized for PAHs and some PBTs.

• Better flow of Rule 09 when deciding IF PSRA necessary.

– Soil terrestrial pathway to important habitat? – PBTs present above TECs? – Qualitative Assessment approach? Go to 09.

You need to conduct ERA - Which rule are you in - 08 or 09?

Archive.epa.gov

Important Ecological Resource (IER) Present? (See definition under Rule 01)

Done!

Sample Environmental Media

Soil

Evaluation under VAP ERA unusual – see definition

Surface Water

Sediment

Compare [ ]s to SRVs/Stands. 08 App. B Tables I & II [ ]S Under? [ ]s Over? [ ]s Under? [ ]s Over? Compare [ ]s to SW

• Stands. Chap. 3745-1

OMZA/OMZM No Standards? Conduct PSRA 09 Conduct PSRA 09 Conduct PSRA 09 Conduct PSRA 09

Done Done

Decision Criteria – When is PSRA necessary for Ecological Risk Assessment (ERA)?

• Soil an important ecological pathway for terrestrial

receptors?

• COCs with no TEC, SRV?
• COCs are persistent, bioaccumulative, toxic (PBT)

above TECs?

• Attempting qualitative evaluation?
• Need quantitative evaluation?
• Need data to conduct food-web evaluation?
• Need to make “upstream-downstream” comparison?
• Sampling sediment necessary?

Clarification of Upstream, Side-Stream & Downstream Sampling Situations

• Need to sample? Revisions clarify when upstream

samples may be utilized

• Qualitative
• Demonstrating poor habitat quality due to

upstream contributions under 09 (E)(2)

• Quantitative
• Demonstrating failure to meet standards due to

upstream contributions under 09 (F)(4)(a)

300-10 Ground Water

Ground Water Classification

Obligation to classify ground water

– Clarified language that ground water need not be classified if Critical Resource response requirements are followed – OAC 3745-300-10(A)(2)

OAC 3745-300-10(B)(3) now clarifies Class B ground water with greater details:

– Zone yields less than 3 gpm and a deeper zone yielding more than 3 gpm and at least twice as much is present within ½ mile of the property – Zone yields less than 3 gpm and wholly contained in the upper 15 feet – Zone with total dissolved solids greater than 3,000 mg/L

300-10 Ground Water

Class B

300-10 Ground Water

Ground Water Response Requirements

OAC 3745-300-10(E) reorganized so that each ground water classification has its own sub- paragraph:

– Critical Resource: -10(E)(2) (including ongoing obligations) – Class A: -10(E)(3) – Class B: -10(E)(4)

Rule 10 Proposed Changes

Ground Water Response Requirements

NEW: Response requirements now include pointers to Phase II Rule for assessing non- potable ground water exposures:

– “The volunteer shall address all non-potable use ground water exposure pathways in accordance with paragraphs (F)(1) to (F)(10) of rule 3745-300- 07.”

Rule 10 Proposed Changes

Urban Setting Designations

NEW: Added “other ground water potable uses” (i.e., springs used for drinking water) to USD threshold criteria in OAC 3745-300-10(C)(1)(h) – That is, no springs used for drinking water are located within ½ mile of USD, OR – CP would need to demonstrate the drinking water source is not hydraulically connected to the USD property

300-11 Remediation

• Added language on collecting empirical data to verify

effectiveness of remedy/mitigation for vapor intrusion pathway

• Evolved Pathway Omission into Pathway Deferral and

Pathway Exclusion

• Added Central Management Entity concept
• Fortified financial assurance, included cost estimate

Vapor Intrusion Remedial Activities Verification

Rule Edited to Clarify Steps to Verify VI Remedial Activities Initial verification of effectiveness of VI remedial activities Demonstrate receptor exposure meets applicable standards Meet indoor air app standards prior to occupancy of the building Monitor remedial activity success during O&M Validate compliance with applicable standards after a repair, replacement or revision to a remedy

Proposed -11 VI Language Changes

• 11(A)(4)(b)- O&M plan: In the case of any complete exposure pathway to

indoor air due to vapor exposure from environmental media, the indoor air applicable standards shall be met prior to occupancy of the building

• 11(C)(3)(f)- engineering controls: demonstrate receptor exposure meets

applicable standards

• 11(E): heading change from verification of remedial activity “completion”

to “effective”

• 11(E)(1)(f): Demonstration that each remedy implemented to comply with

standards for a vapor intrusion to indoor air pathway is made the subject

• f an evaluation…[that] shall verify that the concentrations of each COC do

not exceed any applicable standard…

• 11(F)(1)(c)(vii)- O&M effectiveness section: Description of the monitoring

and sampling activities that shall be conducted to determine the effectiveness of the remedial activities to meet or maintain compliance with applicable standards, as appropriate

Evolved Pathway Omission into Pathway Deferral and Pathway Exclusion

• 11(D)

Pathway Omission

Pathway Deferral Pathway Exclusion

Similarities

Addresses complete

• ff-property

pathways that cannot be remedied after a volunteer has applied diligent efforts Off-property areas where receptors are located are different from the voluntary action property Communication and written notice to each receptor property

• wner

Offer to pay all costs associated with remedy

Differences

Pathway Deferral

1) Diligent efforts…to accessan off- property area 2) O&M plan/ongoing obligations to reengage with off-property owner 3) Subject to CNS as long as deferral

• bligations continue to be implemented

4) Ask Ohio EPA for assistance with access prior to deferral request (w/in 30 days notice to off-property owner) 5) Timing: Submit with NFA letter but only after Ohio EPA access attempt denied 6) Compliance with applicable standards for the pathway is deferred until access is attained and the remedy is implemented and verified

Pathway Exclusion

1) Diligent efforts….to remedyan off- property area 2) No ongoing obligations/O&M plan 3) Excluded from CNS release of liability 4) No requirement to ask Ohio EPA for assistance (but can) 5) Timing: Request director approval or denial prior to NFA letter issuance 6) Excluded from any applicable standards compliance demonstration that is

• therwise required for NFA letter

Pathway Deferral O&M Obligations

NFA letter issued within 180 days Ohio EPA fails at access attempt; if >180, volunteer reaches out again Off-Property Info (owner’s name, address, area description, map) Deferred Pathway Info (receptors, media and COCs) Annual notification to off-property owner to attempt to re-initiate discussions If successful outcome, the volunteer may seek a post-covenant not to sue remedy change pursuant to paragraph (H) of OAC 3745-300-11

Language for Sediments in Pathway Exclusion

(iii) Alternate criteria for off-property sediment pathways. In lieu of the provisions of paragraphs (D)(2)(a)(ii) and (D)(2)(b) of this rule, the volunteer may choose to evaluate the following, and include the demonstration of one

• r both in the request for pathway exclusion:

(a) Failure to meet applicable standards for off-property sediment includes contributions from an off-property source. (b) Confirmation that on-property sources that migrate to the surface water body are in compliance with applicable standards, in accordance with paragraph (I) of rule 3745-300-07 of the Administrative Code.

80

Central Management Entity

• A CME is responsible to oversee compliance at a restricted

residential use property that relies on on-going remedial activities

• CME may consist of:

– Domestic business entity possessing a property interest – Condo unit owners association – No homeowners association

Central Management Entity

• CME oversees the activity and use limitations and engineering

controls relied upon for compliance

• Refer to CME’s role in the EC and O&M plan and agreement

Cost estimates of O&M activities

• In O&M plan, include a written cost estimate based on:

– Anticipated repairs, monitoring and remedy verification activities – Record-keeping and reporting – Third-party performance of O&M plan activities – Reasonably anticipated costs over next five years

• In annual report on O&M activities, include an updated cost
• estimate. Apply prior year’s actual costs.

Financial Assurance for O&M Agreement

• Agreement is to include financial assurance that:

– Equals or exceeds the cost estimate – Designates Ohio EPA director as beneficiary – Uses Ohio EPA solid and hazardous waste facility post- closure care rules for criteria on selection, wording, use, duration, approval, establishment and termination

• Financial assurance may change per updated cost

estimate

Additional Proposed Revisions to -11

• Changed “active” and “passive” remediation into

“remediation”

• Added to -11(B) *NEW* example on compliance with rule

3745-9-03 for proper construction, sealing, repairing and abandonment of monitoring wells

• Expanded RMP to address “other persons who would be

exposed” - to emphasize long-term protection, both during and after construction

• Clarified criteria for selective ground water use restriction, -

11(C)

• Refined post-CNS remedy revision process, -11(H)

300-12 Variances and Case by Case Determinations

• Majority of edits for clarity and consistency
• One edit of substance: applications will

require the name and address of the volunteer, and the addresses and parcel numbers of adjacent properties

300-13 NFA Letters

• Re-ordered NFA letter content provisions -

Followed NFA letter template order Link to VAP 2018 NFA Letter Template

• Clarified language where rule requirement has

not been fully understood

• Added paragraph headers
• Streamlined language

300-13 NFA Letters

(B): Emphasized that the volunteer is to provide pertinent documents to the certified professional (CP) (D): Clarified items to guide CP’s review - to verify assessment and other work is complete and current

300-13 NFA Letters

(E): NFA Letter preparation and issuance

• Combined and

rearranged this section to follow along with NFA letter template.

• (J) merged into (E)
• Added additional

clarification on tables to include

300-13 NFA Letters

(E)(7): Figures and maps

• Consolidated required content
• Clarified terms on scaling and file type
• Emphasized need for simple boundary survey plat

(E)(8): Summary tables

• Consolidated table requirements

300-13 NFA Letters

(F): Clarified that only the CP is authorized to submit the NFA letter (G): Clarified that it is the volunteer’s role to direct CP to submit the NFA letter (H): Clarified CP’s response to volunteer’s directive

300-13 NFA Letters

(I): Consolidated administrative items for NFA letter submitted for covenant not to sue (M): Added that CP’s supporting documentation should include “pathway deferral” work, if applicable (P): Updated certified laboratory affidavit wording

300-14 Audits

• No Substantive changes made
• All edits made to maintain consistency

amongst all other agency rules

300-15 Incorporation By Reference

• IBR references split from 300-01 to create new

rule 300-15

• Updated format to fit with other Ohio EPA IBR

rule structures

• Various IBR document references were

updated with revision dates, website locations

Questions and Comments

• If you have questions on any of the proposed

rule changes please contact Lisa Shook – VAP Manager at 614-644-2295 or lisa.shook@epa.ohio.gov

• Written comments during the Interested Party

Review can be sent to DERR_rulecomments@epa.ohio.gov