CURRENT ISSUES: Risk-Based Corrective Action 14 TH ANNUAL FLORIDA BROWNFIELDS CONFERENCE & EXHIBITION

Size: px

Start display at page:

Download "CURRENT ISSUES: Risk-Based Corrective Action 14 TH ANNUAL FLORIDA BROWNFIELDS CONFERENCE & EXHIBITION"

Avis Mitchell
6 years ago
Views:

1 14 TH ANNUAL FLORIDA BROWNFIELDS CONFERENCE & EXHIBITION November 14, 2011 Orlando, Florida CURRENT ISSUES: Risk-Based Corrective Action Paula Cobb, Esq Hopping Green & Sams Tallahassee, FL Koren Taylor, PG Environmental Policy & Energy Resources City of Tallahassee Christopher Teaf, PhD Florida State University Tallahassee, FL Christopher Saranko, PhD EPS Atlanta, GA 1 2 1

2 Why Are We Here? Paula Cobb, Esq Hopping Green & Sams Tallahassee, FL The panel will: Outline benefits of a Brownfield designation Describe the basic principles of Risk-based Corrective Action (RBCA) Hear the experiences of a City Brownfield coordinator Present potential outcomes of the process Identify trends in RBCA Identify procedural enhancements from a regulated community perspective Provide examples of limitations and successes 2

3 Brownfield Sites First, what is a Brownfield Site? Real property, the expansion, redevelopment, or re-use of which may be complicated by actual or perceived environmental contamination. How does a site become a Brownfield? Brownfield area designation by local government Identification of Person Responsible For Brownfield Site Rehabilitation (PRFBSR) Execution of Brownfield Site Rehabilitation Agreement (BSRA) Implementation of BSRA by PRFBSR Issuance of Site Rehabilitation Completion Order (SRCO) Legal & Programmatic Benefits of Brownfields Designation Economic incentives (e.g., bonus refund for job creation; loan guarantees; sales/use tax exemption on building materials; voluntary cleanup tax credits) Liability protections, including relief from further liability for site rehabilitation Use of RBCA, including institutional and engineering controls 3

4 City of Tallahassee Gaines Street Corridor Koren Taylor, PG City of Tallahassee Tallahassee, FL 8 4

5 City of Tallahassee A Public-Private Partnership City of Tallahassee A Public-Private Partnership

6 City of Tallahassee City of Tallahassee

7 City of Tallahassee City of Tallahassee

8 City of Tallahassee Many properties with the same contamination issues; A common challenge cleanup levels A corridor-wide approach would benefit the program Pre-designation of cleanup targets Consistent decision framework Christopher Teaf, PhD Florida State University Tallahassee, FL 15 8

Risk-based Principles Protect public health Determine reasonable, conservative uses Establish exposure assumptions Select method (probabilistic, deterministic) Assess risks ( forward )

9 Risk-based Principles Protect public health Determine reasonable, conservative uses Establish exposure assumptions Select method (probabilistic, deterministic) Assess risks ( forward ) Calculate risk-based targets ( reverse ) Fundamentals of Risk Assessment Approaches differ, but address these pts Site Characterization Exposure Assessment Toxicity Assessment Risk Characterization 9

10 Why Conduct a Risk Assessment? Protect public health Optimal use of natural resources Optimal use of fiscal resources Optimal use of waste mgmnt resources Mechanics of the Process Data for soils, GW, sediment, SW ( air) horizontal and vertical limits may be an iterative process max, mean, 95% UCL Site conceptual model, exposure scenarios generic (screening approach) site-specific (soil parameters, ICs, ECs) Risk conclusions, remedial targets generic (screening approach) f ( C C ) 10

11 Scenario Exposure Arsenic Parameter Description Park User ASCTL (carc) Risk-Based Alternative Soil Cleanup Target Level (mg/kg) 5.5 ASCTL (noncarc) Risk-Based Alternative Soil Cleanup Target Level (mg/kg) 496 TR (carcinogens) Baseline Target Risk for carcinogens (dimensionless). 1.0E-06 TR (noncarcinogens) Baseline Target Risk (or Target Hazard Quotient; THQ) for noncarcinogens (dimensionless). 1.0 BW Body Weight expressed in kg. 39 AT (carcinogens) Averaging Time for carcinogens expressed in days. 25,550 AT (noncarcinogens) Averaging Time for noncarcinogens expressed in days. 5,110 EF Exposure Frequency expressed in days/yr. 200 ED Exposure Duration expressed in years. 14 FC Fraction Contaminated. 1 BA Oral bioavailability factor for arsenic in soil (FDEP, 2005) RfDo Reference Dose (oral) for arsenic expressed in mg/kg/day. 3.00E-04 RfDd Reference Dose (dermal) for arsenic expressed in mg/kg/day. 2.85E-04 RfDi Reference Dose (inhalation) for arsenic expressed in mg/kg/day. 2.85E-04 IRo Oral Ingestion Rate for soil expressed in mg/day. 129 CF Conversion Factor expressed in kg/mg. 1.0E-06 SA Skin Surface Area available for daily contact expressed in cm 2 4,200 AF Soil-to-skin Adherence Factor expressed in mg/cm 2 /day DA (inorganics) Dermal Absorption factor for inorganics (dimensionless) IRi Inhalation rate (m 3 /day) PEF Particulate Emission Factor expressed in m 3 /kg. 1.24E+09 CSFo Carcinogenic Slope Factor (oral) for arsenic (mg/kg/day) E+00 CSFd Carcinogenic Slope Factor (dermal) for arsenic (mg/kg/day) E+00 CSFi Carcinogenic Slope Factor (inhalation) for arsenic (mg/kg/day) E+01 11

12 Potential Effects on Landowners May result in less restrictive targets May require more detailed assessment field costs analytical costs interpretation and negotiation costs May result in reduced site cleanup costs less time lower disposal costs May require restrictive covenant CLASSIFYING PROPERTIES IN A LOCAL DEVELOPMENT AREA SCTL or Proposed ASCTL Controls Required? Land Use Category Arsenic PAH (as BaPeq) Category Description mg/kg mg/kg Institutional Engineering Type A Residential/Unrestricted 2.1 (SPLP for leachability) 0.1 (8 for leachability) N N Type B Recreational/Park Y Y/N Type C Commercial/Industrial Y Y/N Type D Full cap or cover SPLP/TCLP for soil SPLP/TCLP for soil Y Y 12

13 What s New in Risk Assessment Exposure Factors Handbook (2011) soil ingestion rate body weights Toxicological info selected substances TCE (2011), PCE (2009) Arsenic (2010) 1,4-Dioxane (2011) Rulemaking petition (2011) Aspects of (Global RBCA) Aspects of (Contaminant CTLs) Christopher Saranko, PhD EPS Atlanta, GA 13

14 Changes to FDEP s RBCA Rules: The Good, The Bad, & The Ugly Rulemaking petition Toxicity factor changes Mutagenic adjustment factors TCE PAHs Arsenic Chromium Rulemaking Process 9/30/11 - Associated Industries of Florida (AIF) petition for FDEP to initiate rulemaking for Chapters and , F.A.C AIF petition proposed changes to several sections of these 2 chapters Proposed changes allow more flexibility in the development of Alternate Cleanup Target Levels (ACTLs) Would also allow use of ACTLs under RMO-1, which would not require institutional controls 10/28/11 FDEP provided Notice of Development of Rulemaking Notices specific to the Rule Chapters listed in the AIF Petition FDEP is in the process of merging all RBCA rules (i.e., Chapters , , , ) into a single rule through Secretarial adoption Likely to supersede the AIF-initiated rulemaking 14

History of the CTLs Mutagenic Adjustment Factors Program CTLs 62-777 Brownfields Soil Goals 1996 1999 Dated CTLs?

15 History of the CTLs Mutagenic Adjustment Factors Program CTLs Brownfields Soil Goals Dated CTLs? Since 2005, underlying chemical and toxicological information has changed for numerous chemicals (>50) with many more pending. Global RBCA & Update Rulemaking Initiated EPA guidance for carcinogens that act through a mutagenic mode of action Mutagenic = directly damaging DNA ADAF - age-dependent adjustment factor EPA lists ~18 mutagenic compounds where this factor should be applied Basis: Children are potentially more susceptible to mutagens for several reasons including more frequent cell division There is limited human data on early life exposure Likely result: Significant complexity with implementation Further lowering of CTLs for carcinogens 15

Trichloroethene (TCE) Polycyclic Aromatic Hydrocarbons (PAHs) Common solvent used for metal degreasing and older dry cleaning operations Regulated as a carcinogen

2011 Current FDEP SCTLs based on 1989 withdrawn value (0.011 per mg/kg-day) Proposed oral slope factor (cancer potency) ~4-fold higher than current (0.

16 Trichloroethene (TCE) Polycyclic Aromatic Hydrocarbons (PAHs) Common solvent used for metal degreasing and older dry cleaning operations Regulated as a carcinogen Oral slope factor withdrawn by EPA in 1989 Toxicological re-assessment - early 1990s to 2011 Final assessment and toxicity values released Sept Current FDEP SCTLs based on 1989 withdrawn value (0.011 per mg/kg-day) Proposed oral slope factor (cancer potency) ~4-fold higher than current (0.046 per mg/kg-day) Will result in lower SCTLs SCTL Changes Industrial 3.9 mg/kg (currently 9.3 mg/kg) Residential complicated because of uncertainty in application of mutagenic adjustment factor (ADAF) 16

Benzo(a)pyrene The Sentinel PAH B(a)P regulated as a carcinogen Binds to DNA - mutagenic Currently six other carcinogenic PAHs All have same mechanism of action Each has a cancer potency factor

17 Benzo(a)pyrene The Sentinel PAH B(a)P regulated as a carcinogen Binds to DNA - mutagenic Currently six other carcinogenic PAHs All have same mechanism of action Each has a cancer potency factor relative to B(a)P RPF = Relative Potency Factor RPF of 0.1 = 10x less potent than B(a)P New Relative Potency Factors Current EPA 2010 Benzo[a]pyrene 1 1 Benz[a]anthracene Benzo[b]fluoranthene Benzo[k]fluoranthene Chrysene Dibenz[a,h]anthracene 1 10 Indeno[1,2,3-c,d]pyrene EPA guidance also addresses 19 other PAHs 4 with RPFs >1 (5 to 60) Anthanthrene 11H-Benz[b,c]aceanthrylene Benzo[c]fluorene Benz[e]aceanthrylene Benzo[g,h,i]perylene Benz[j]aceanthrylene Benzo[j]fluoranthene Benz[l]aceanthrylene Cyclopenta[c,d]pyrene Dibenzo[a,e]fluoranthene Dibenzo[a,e]pyrene Dibenzo[a,h]pyrene Dibenzo[a,i]pyrene Dibenzo[a,l]pyrene Fluoranthene Naphtho[2,3-e]pyrene Dibenz[a,c]anthracene 4H-Cyclopenta[d,e,f]chrysene Effect will be to increase the equivalent concentration of B(a)P in environmental samples 17

18 Arsenic Health Basis for Arsenic Regulation Arsenic regulated by USEPA as a carcinogen USEPA toxicity values based on human exposure to arsenic in drinking water 1958 Photo by David Marcham FDEP Long-term (chronic) health effects Skin lesions, Blackfoot disease Cancer (skin, liver, lung) 18

Draft EPA Cancer Potency Factor Chromium

2000s Proposed oral slope factor (Cancer

lower cleanup target levels (SCTLs) SCTL Changes

19 Draft EPA Cancer Potency Factor Chromium Toxicological re-assessment underway since early 2000s Proposed oral slope factor (Cancer Potency) ~16 fold higher than current results in lower cleanup target levels (SCTLs) SCTL Changes Residential = 0.1 mg/kg (currently 2.1 mg/kg) Industrial = 0.7 mg/kg (currently 12 mg/kg) Timeline for finalization uncertain Changes to federal MCL uncertain 19

20 Chromium as a Carcinogen Hexavalent chromium Currently considered a carcinogen by the inhalation route only New animal studies suggest carcinogenicity by the oral route California and New Jersey have already developed oral cancer slope factors New Jersey value already being used by EPA for its Regional Screening Levels (RSLs) EPA toxicological reassessment underway, 2012 target completion date SCTL Changes (assuming EPA consistent with NJ) Residential = 0.29 mg/kg (currently 210 mg/kg) Industrial = 12 mg/kg (currently 470 mg/kg) Site-specific speciation can determine amount of trivalent and hexavalent chromium present Toxicity Changes: Notice a Trend? EPA assessments for carcinogens becoming more and more conservative (i.e., cancer occurs at lower doses than previously thought) Widely problematic, but it may become a real impediment to Brownfields redevelopment in Florida Florida statutory language (F.S , ) In establishing soil cleanup target levels for human exposure to each contaminant found in soils the department shall apply calculations using a lifetime cancer risk level of 1.0E-6 (i.e., 1 in 1 million) Florida differs from the USEPA and virtually every other state in this regard 20

21 Questions? Comments! 21

Proposed EPA Changes in the Toxicological Assessment of Benzo(a)pyrene and the Potential Impact on Corrective Actions at Railroad Sites

Proposed EPA Changes in the Toxicological Assessment of Benzo(a)pyrene and the Potential Impact on Corrective Actions at Railroad Sites Brian Magee, Ph.D. Shawn Sager, Ph.D. Railroad Environmental Conference