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GeoInsighter Winter/Spring 2007 Newsletter NHDES REGULATIONS UPDATE Return to the Newsletter Index For many who are subject to New Hampshire Department of Environmental Services (NHDES) regulatory requirements, there have been several recent rule changes. Two pertinent topics affecting a broad cross-section of the regulated community are discussed below. SITE REMEDIATION Site remediation regulatory requirements for hazardous waste and petroleum-impacted sites were generally spelled out in two separate, but overlapping, rules. The rules are Env-Wm 1600 Standards for Reporting and Remediation of Oil Discharges, adopted pursuant to RSA 146-A and 146-C, and Env-Wm 1403 Groundwater Management and Groundwater Release Detection Permits, adopted pursuant to RSA 485-C and In general, these rules covered the following. Env-Wm 1600
Env-Wm 1403
On February 1, 2007, Rules Env-Wm 1600 and Env-Wm 1403 were replaced by the following new rules, Env-Or 600 Contaminated Site Management and Env-Or 700 Groundwater Release Detection Permits. The newly adopted Env-Or 600 combines the requirements from Env-Wm 1600 and Env Wm 1403 for reporting discharges of contaminants, including oil, and for the investigation, remediation, and management of sites where releases of contaminants have occurred. Env Or 600 also incorporates the GMP program formerly in Env-Wm 1403 and combines the "Certificates of Completion" and "Certificates of No Further Action" from Env-Wm 1403 and 1600. In addition, the new regulation includes procedures and criteria for establishing Activity and Use Restrictions on a property for long-term management of impacted soil. GRDP rules were included in Env-Wm 1403, even though they were not related to contaminated sites. To address this, the NHDES adopted rule Env Or 700, which only includes regulations regarding GRDPs. A benefit of the new regulations is a more comprehensive set of rules for contaminated sites and the elimination of many inconsistencies due to the overlapping rules. For example, the new Env Or 600 rule includes State standards for both soil and ground water, whereas before the standards were in separate regulations. In addition, the new rules allow regulators additional flexibility in dealing with certain types of sites. For instance, regulators can request an Initial Site Characterization rather than a more expensive Site Investigation at non-petroleum impacted sites. Additionally, the Site Investigation and Remedial Action Plan (RAP) sections were changed to allow for a presumptive remedy track, thereby avoiding the time and cost associated with preparing a RAP. The new rules can be viewed on the NHDES website at the following addresses: Env-Or 600 - http://www.des.state.nh.us/RuleMaking/adopted2006/Env Or600.pdf Env-Or 700 - http://www.des.state.nh.us/RuleMaking/adopted2006/Env Or700.pdf
VAPOR INTRUSION GUIDANCE In July 2006, the NHDES unveiled its Vapor Intrusion Guidance document that was in draft form since 2005. The draft guidance superseded the NHDES's 1998/2000 Residential Indoor Air Assessment Guidance Document. In general, vapor intrusion can occur when volatile organic compounds (VOCs) migrate from impacted soil and/or ground water through the subsurface to the indoor air of a building. Vapor intrusion can involve petroleum hydrocarbons from leaking underground storage tanks and spills, as well as chlorinated solvents and pesticides from commercial, industrial, and landfill sites. The new policy does not specifically address landfill gases such as methane, but some of the assessment and mitigation methodologies covered in the new policy may be appropriate for those sites. The new policy provides guidance for the evaluation and mitigation of vapor intrusion from VOCs at contaminated sites. Consistent with similar policies in other states, the NHDES's Vapor Intrusion Guidance document uses a tiered approach where multiple lines of evidence are needed to evaluate if a vapor intrusion pathway is complete. The guidance provides risk-based lookup values for ground water, soil gas, and indoor air concentrations of VOCs. To view the final Vapor Intrusion Guidance document, please visit the NHDES's website at http://www.des.state.nh.us/orcb/doclist/pdf/vapor_intrusion.pdf. Peter D. Frank, P.G. Return to the Newsletter
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