1 Draft Final Safe Fill Regulations Major Changes/Revisions Presented to the CSSAB November 8, 2002

2 What’s new in Safe Fill Definition? Definition is short as a result of: – Due diligence procedures moved to § (b) – Exceptions transformed into a new section, § Definition is limited to the following uncontaminated materials: – soil containing stone and rock – dredged material – used asphalt – brick, block, concrete (segregated or mixed) from C/D activities

3 Safe Fill Definition (continued) Safe fill materials meet the following: – Not affected by a spill or release – No visible staining, odor or sensory nuisance from chemical contaminants associated with the material – Meet numeric standards of §287.11(b) --- lower of residential GV or DC (SHS), based on due diligence – Determination that material is safe fill based on § – Burden of proof on user to demonstrate material is safe fill – Safe fill not regulated as waste when used as fill

4 Safe Fill Due Diligence and Safe fill Numeric Standards – § Due diligence requirements now in (a) – 2 options instead of proposed three options; field screening allowed Numeric standards moved from §287.11(a) to §287.11(b) – No change from proposed except following: PQL added to §287.1(b)(1)(C) to demonstrate compliance with SF numeric standards if std. lower than PQL

5 Safe Fill Due Diligence and Safe fill Numeric Standards – § No changes to proposed composite and discrete sampling procedures in (now subsections c, d & e) except added subsection (f) as follows: – Statistical analysis requirements added to §287.11(f) 95% UCL of the arithmetic mean to demonstrate material meets SF numeric standards Overall, draft final regulations will allow for field and laboratory screening of material including composite, discrete and statistical sampling and analyses

6 New § Determination that a material is safe fill §287.12(a)(1): Material not affected by a spill or release: – Applies to soil or dredged material only – No visible staining, no odor or nuisance – Num. standards may be above SF but must be below nonresidential SHS (cap) Use limited to: – Right-of-way – Offsite of residential property – Within a property

7 New §287.12(a)(1) (continued) For dredged material, additional uses limited to: – As beach nourishment on adjacent land (sand and gravel) – As soil additive/soil substitute for commercial or industrial purposes – As fill for residential purposes except blending required with clean soil/dredge and blend must meet safe fill numeric standards

8 New §287.12(a)(1) (continued) Determination requires: – Appropriate level of due diligence to demonstrate material not subject to a spill/release and below nonresidential numeric standards – Maintain documentation in support of determination – Submit Notice of Determination to Department

9 New §287.12(a)(2) (continued) §287.12(a)(2): Material affected by a spill or release: – Applies to soil, dredged material or historic fill only – Visible staining acceptable but no odor or nuisance – Num. standards may be above SF but < nonresidential SHS Use limited to: – Right-of-way – For historic fill, can be moved offsite in amounts < 500 cy/excavation location; used as fill or as construction material – Within a property

10 New §287.12(a)(2) (continued) Determination requires following: – Must conduct sampling /analysis to demonstrate material is below nonresidential num. standards (cap) – Maintain documentation to support determination – Submit Notice of Determination to Department – Submit proof of recorded, amended deed to Department that includes following: Deed includes exact location of the fill placed on the property Deed to be part of all future conveyances or transfers of subject property

11 New §287.12(c)(7) (continued) Deed notice not required for: – Material is not affected by a spill or release, is above safe fill but below nonresidential standards and no visible staining, odor, nuisance – Material is affected by a spill or release, is above safe fill numeric standards but at or below background level at the property

12 New § Relationship of Safe Fill to surface Waters For placement of safe fill (meets definition and SF numeric standards) into or along surface waters, following required: – Approval under Chapter 105 – May not produce leachate in excess of residential GWMSC for used aquifer and TDS<2500 mg/L by SPLP – Comply with water quality standards in Chapters 93 & 16 If safe fill determination based on §287.12, cannot be placed into waters of the Commonwealth

13 New § (continued) For placement into waters in active/abandoned mine or abandoned quarry as reclamation: – Approved sampling/analysis plan – Comply with water quality standards in Chs.93 and 16 – 10% of safe fill numeric standards – For metals, in lieu of 10%, SPLP analysis to show material will not produce leachate in excess of residential GWMSC for used aquifer/TDS<2500 mg/L. Applies only if GW monitoring is conducted where material is placed

14 Permit by Rule – (i) For placement of contaminated and segregated or mixed brick, block and concrete from C/D activities – No distinction made between waste from industrial properties or from residential/commercial properties Proposed numeric standards retained – lower of residential generic value or residential direct contact in aquifers used or planned for use with TDS<2500 mg/L Requirements to be met for placement of waste into or along waters or into waters in active/abandoned mines or abandoned quarries for reclamation, same as in the new §287.13

15 Permit by Rule - § (j) Three proposed PBRs (j,k &l) consolidated into one PBR (j) Applies to contaminated soils, dredged material, used asphalt and historic fill Nonresidential SHS are required for regulated substances in the material as opposed to proposed residential SHS Materials to meet lower of the nonresidential generic value or nonresidential direct contact value

16 Permit by Rule - § (j) Material may be beneficially used: – To bring an area to grade – As construction material – For control of fire and subsidence events or – In reclamation of active/abandoned mines or abandoned quarries if approved by the Department All conditions proposed for the 3 PBRs are retained and new ones added, as listed: – Document longitude and latitude of location where materials are placed for use

17 Permit by Rule - § (j) (continued) New conditions: – Eliminate direct contact pathways promptly & permanently – Submit copies of records of analytical evaluations along with written notice to Department as opposed to the proposed “when requested by the Department” – Above records to also include the following: A recorded, amended deed that includes exact location where material is placed at the property, description of contamination from sampling and analysis Deed to be part of all future conveyances or transfers of subject property

18 Permit by Rule - § (k) Proposed PBR (m) for placement of contaminated soil at a site undergoing remediation is retained without change except it is now subsection (k) instead of (m)

19 Minor Changes Historic fill definition will be amended to reflect volume increase §287.2 (relating to Scope) expanded to include following activities as not regulated under the residual waste regulations: – §287.2(e)(3): noncoal materials excavated from active mines and quarries in compliance with Chapter 77. – §287.2 (e)(4): Commercial dredging operations where mainly sand and gravel are dredged in compliance with Department-issued Chapter 105 permit, 401 certification, and consistency determination under the Coastal Zone Management Program

20 Changes to Appendix A Proposed Table 4 deleted due to consolidation of 3 PBRs into one in (j) Proposed Table 5 is now Table 4 – lists numeric stds. for organics for PBRs ( (j) & (i)) Proposed Table 6 is now Table 5 – lists numeric stds. for metals and inorganics for PBRs ( (j) & (i)) Numeric values in all 5 Tables are corrected to be in compliance with the amended Act 2 regulations