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(continued)
(a) When using biological testing to determine compliance with the maximum biological effects criteria within a sediment impact zone, a person shall select and conduct any two acute effects tests and any one chronic effects test.
(b) The biological tests shall not be considered valid unless test results for the appropriate control and reference sediment samples meet the performance standards described in WAC 173-204-315(2).
(c) The sediment impact zone maximum biological effects level is established as that level below which any two of the biological tests in any combination exceed the criteria of WAC 173-204-320(3), or one of the following biological test determinations is made:
(i) Amphipod: The test sediment has a higher (statistically significant, t test, p=0.05) mean mortality than the reference sediment and the test sediment mean mortality is greater than a value represented by the reference sediment mean mortality plus thirty percent; or
(ii) Larval: The test sediment has a mean survivorship of normal larvae that is less (statistically significant, t test, p=0.05) than the mean normal survivorship in the reference sediment sample and the test sediment mean normal survivorship is less than seventy percent of the mean normal survivorship in the reference sediment (i.e., the test sediment has a mean combined abnormality and mortality that is greater than thirty percent relative to time-final in the reference sediment); or
(iii) Benthic abundance: The test sediment has less than fifty percent of the reference sediment mean abundance of any two of the following major taxa: Class Crustacea, Phylum Mollusca or Class Polychaeta and the test sediment abundances are statistically different (t test, p=0.05) from the reference sediment abundances; or
(iv) Juvenile polychaete: The test sediment has a mean individual growth rate of less than fifty percent of the reference sediment mean individual growth rate and the test sediment mean individual growth rate is statistically different (t test, p=0.05) from the reference sediment mean individual growth rate.
(4) Puget Sound marine sediment impact zone maximum human health criteria. Reserved: The department may determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.
(5) Puget Sound marine sediment impact zone maximum other toxic, radioactive, biological, or deleterious substances criteria. Other toxic, radioactive, biological or deleterious substances in, or on, sediments shall be below levels which cause minor adverse effects in marine biological resources, or which correspond to a significant health risk to humans, as determined by the department. The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.
(6) Puget Sound marine sediment impact zone maximum nonanthropogenically affected sediment criteria. Whenever the nonanthropogenically affected sediment quality is of a lower quality (i.e., higher chemical concentrations, higher levels of adverse biological response, or posing a higher threat to human health) than the applicable sediment impact zone maximum criteria established under this section, the existing sediment chemical and biological quality shall be identified on an area-wide basis as determined by the department, and used in place of the standards of WAC 173-204-420.
[Statutory Authority: RCW 90.48.220. 96-02-058, § 173-204-420, filed 12/29/95, effective 1/29/96. Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-420, filed 3/27/91, effective 4/27/91.]
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173-204-500
Sediment cleanup decision process and policies.
(1) The standards of WAC 173-204-500 through 173-204-590 are procedures which specify a cleanup decision process for managing contaminated sediments. These procedures include:
(a) Screening sediment station clusters of potential concern;
(b) Conducting hazard assessments to identify cleanup sites;
(c) Ranking sites identified in (b) of this subsection;
(d) Determining the appropriate site cleanup authority;
(e) Conducting a site cleanup study;
(f) Determining the site-specific cleanup standard;
(g) Selecting a site cleanup action; and
(h) Where necessary, authorizing a cleanup site sediment recovery zone.
(2) Under this chapter, the department may require or take those actions necessary to implement the standards of WAC 173-204-500 through 173-204-580 for all contaminated sediment stations on the inventory identified in WAC 173-204-350.
(3) The cleanup process and procedures under this chapter and under other laws may be combined. The department may initiate a cleanup action under this chapter and may upon further analysis determine that another law is more appropriate, or vice versa.
(4) It is the policy of the department to manage sediment cleanup actions towards the goal of reducing and ultimately eliminating adverse effects on biological resources and significant health threats to humans from sediment contamination. To achieve this goal, the department will pursue sediment cleanup decisions and cleanup standards that are as close as practicable to the sediment quality standards of WAC 173-204-320 through 173-204-340, including the consideration of net environmental effects, cost and technical feasibility. The department shall only authorize sediment recovery zones so as to minimize the number, size and adverse effects of all zones, with the intent to eliminate the existence of all such zones whenever practicable.
(5) The department shall endeavor to make sediment cleanup decisions in an expeditious manner, as soon as all needed information is available, consistent with the availability of department resources and the priority of the cleanup site.
[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-500, filed 3/27/91, effective 4/27/91.]
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173-204-510
Screening sediment station clusters of potential concern.
(1) Using the sediment quality standards inventory of WAC 173-204-350, the department shall analyze the sediment sampling data to identify station clusters of potential concern and station clusters of low concern per the standards of this section. Station clusters of potential concern shall be further evaluated using the hazard assessment standards of WAC 173-204-530. Station clusters of low concern shall remain on the inventory and no further cleanup action determinations shall be taken by the department until the stations are reexamined per subsection (5) of this section.
(2) A station cluster is defined as any number of stations from the inventory of WAC 173-204-350 that are determined to be spatially and chemically similar. For the purpose of identifying a station cluster of potential concern per the procedures of this subsection, three stations with the highest contaminant concentration for any particular contaminant or the highest degree of biological effects as identified in WAC 173-204-520 are selected from a station cluster. This procedure may be repeated for multiple chemicals identified in WAC 173-204-520, recognizing that the three stations with the highest concentration for each particular contaminant may be different and the respective areas for all chemicals may overlap. The department shall review the inventory of WAC 173-204-350 to identify station clusters of potential concern via the following process:
(a) Identify if available, the three stations within a station cluster with the highest concentration of each chemical contaminant identified in WAC 173-204-520, Cleanup screening levels criteria; and
(b) For each contaminant identified in (a) of this subsection, determine the average concentration for the contaminant at the three stations identified in (a) of this subsection; and
(c) Identify if available, three stations within the station cluster with the highest level of biological effects for the biological tests identified in WAC 173-204-315(1); and
(d) If the average contaminant concentration for any three stations identified in (a) of this subsection, exceeds the applicable cleanup screening level in WAC 173-204-520, then the station cluster is defined as a station cluster of potential concern; and
(e) If the biological effects at each of the three stations from (c) of this subsection exceeds the cleanup screening level in WAC 173-204-520, then the station cluster is defined as a station cluster of potential concern; and
(f) If neither of the conditions of (d) or (e) of this subsection apply, then the station cluster is defined as a station cluster of low concern; and
(g) If the department determines that any three stations within a station cluster exceed the sediment cleanup screening levels human health criteria or the other toxic, radioactive, biological, or deleterious substances criteria or the nonanthropogenically affected criteria of WAC 173-204-520, then the station cluster is defined as a station cluster of potential concern.
(3) Notification. When a station cluster of potential concern has been identified, the department shall issue notification to the landowners, lessees, onsite dischargers, adjacent dischargers, and other persons determined appropriate by the department prior to the department's conducting a hazard assessment as defined in WAC 173-204-530.
(4) No further cleanup action determinations shall be taken with station clusters of low concern until the inventory of WAC 173-204-350 is updated and the stations reexamined per subsection (5) of this section. Station clusters of low concern shall receive no further consideration for active cleanup, unless new information indicates an increase of chemical contamination at the stations in question. Station clusters of low concern shall be evaluated by the department for improved source control and/or monitoring requirements of this chapter.
(5) The department may at any time reexamine a station or group of stations to reevaluate and identify station clusters of potential concern following the procedures of subsection (2) of this section when new information demonstrates to the department's satisfaction that reexamination actions are necessary to fulfill the purposes of WAC 173-204-500 through 173-204-590.
[Statutory Authority: RCW 90.48.220. 96-02-058, § 173-204-510, filed 12/29/95, effective 1/29/96. Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-510, filed 3/27/91, effective 4/27/91.]
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173-204-520
Cleanup screening levels criteria.
(1) Applicability.
(a) The marine sediment cleanup screening levels chemical criteria, and the marine sediment biological effects criteria, and the marine sediment other toxic, radioactive, biological, or deleterious substance criteria, and the marine sediment nonanthropogenically affected criteria of this section shall apply to marine sediments within Puget Sound. The cleanup screening levels establish minor adverse effects as the level above which station clusters of potential concern are defined, and at or below which station clusters of low concern are defined, per the procedures identified in WAC 173-204-510(2). The cleanup screening levels also establish the levels above which station clusters of potential concern are defined as cleanup sites, per the procedures identified in WAC 173-204-530, Hazard assessment. The criteria in Table III and this section also establish minor adverse effects as the Puget Sound marine sediment minimum cleanup level to be used in evaluation of cleanup alternatives per the procedures of WAC 173-204-560, and selection of a site cleanup standard(s) per the procedures of WAC 173-204-570.
(b) Non-Puget Sound marine sediment cleanup screening levels and minimum cleanup levels criteria. Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.
(c) Low salinity sediment cleanup screening levels and minimum cleanup levels criteria. Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.
(d) Freshwater sediment cleanup screening levels and minimum cleanup levels criteria. Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.
(2) Puget Sound marine sediment cleanup screening levels and minimum cleanup levels chemical criteria. The chemical concentration criteria in Table III establish the Puget Sound marine sediment cleanup screening levels and minimum cleanup levels chemical criteria.
(a) Where laboratory analysis indicates a chemical is not detected in a sediment sample, the detection limit shall be reported and shall be at or below the Marine Sediment Quality Standards chemical criteria value set in WAC 173-204-320(2).
(b) Where chemical criteria in this table represent the sum of individual compounds or isomers, the following methods shall be applied:
(i) Where chemical analyses identify an undetected value for every individual compound/isomer then the single highest detection limit shall represent the sum of the respective compounds/isomers; and
(ii) Where chemical analyses detect one or more individual compound/isomers, only the detected concentrations will be added to represent the group sum.
(c) The listed chemical parameter criteria represent concentrations in parts per million, "normalized," or expressed, on a total organic carbon basis. To normalize to total organic carbon, the dry weight concentration for each parameter is divided by the decimal fraction representing the percent total organic carbon content of the sediment.
(d) The LPAH criterion represents the sum of the following "low molecular weight polynuclear aromatic hydrocarbon" compounds: Naphthalene, Acenaphthylene, Acenaphthene, Fluorene, Phenanthrene, and Anthracene. The LPAH criterion is not the sum of the criteria values for the individual LPAH compounds as listed.
(e) The HPAH criterion represents the sum of the following "high molecular weight polynuclear aromatic hydrocarbon" compounds: Fluoranthene, Pyrene, Benz(a)anthracene, Chrysene, Total Benzofluoranthenes, Benzo(a)pyrene, Indeno(1,2,3,-c,d)pyrene, Dibenzo(a,h)anthracene, and Benzo(g,h,i)perylene. The HPAH criterion is not the sum of the criteria values for the individual HPAH compounds as listed.
(f) The TOTAL BENZOFLUORANTHENES criterion represents the sum of the concentrations of the "B," "J," and "K" isomers.
Table III
Puget Sound Marine Sediment
Cleanup Screening Levels
and
Minimum Cleanup Levels --
Chemical Criteria
CHEMICAL
PARAMETER MG/KG DRY WEIGHT
(PARTS PER MILLION (PPM) DRY)
ARSENIC 93
CADMIUM 6.7
CHROMIUM 270
COPPER 390
LEAD 530
MERCURY 0.59
SILVER 6.1
ZINC 960
CHEMICAL
PARAMETER MG/KG ORGANIC CARBON (PPM CARBON)
LPAH 780
NAPHTHALENE 170
ACENAPHTHYLENE 66
ACENAPHTHENE 57
FLUORENE 79
PHENANTHRENE 480
ANTHRACENE 1200
2-METHYLNAPHTHALENE 64
HPAH 5300
FLUORANTHENE 1200
PYRENE 1400
BENZ(A)ANTHRACENE 270
CHRYSENE 460
TOTAL BENZOFLUORANTHENES 450
BENZO(A)PYRENE 210
INDENO (1,2,3,-C,D) PYRENE 88
DIBENZO (A,H) ANTHRACENE 33
BENZO(G,H,I)PERYLENE 78
1,2-DICHLOROBENZENE 2.3
1,4-DICHLOROBENZENE 9
1,2,4-TRICHLOROBENZENE 1.8
HEXACHLOROBENZENE 2.3
DIMETHYL PHTHALATE 53
DIETHYL PHTHALATE 110
DI-N-BUTYL PHTHALATE 1700
BUTYL BENZYL PHTHALATE 64
BIS (2-ETHYLHEXYL) PHTHALATE 78
DI-N-OCTYL PHTHALATE 4500
DIBENZOFURAN 58
HEXACHLOROBUTADIENE 6.2
N-NITROSODIPHENYLAMINE 11
TOTAL PCB'S 65
CHEMICAL
PARAMETER UG/KG DRY WEIGHT
(PARTS PER BILLION (PPB) DRY)
PHENOL 1200
2-METHYLPHENOL 63
4-METHYLPHENOL 670
2,4-DIMETHYL PHENOL 29
PENTACHLOROPHENOL 690
BENZYL ALCOHOL 73
BENZOIC ACID 650
(3) Puget Sound marine sediment cleanup screening levels and minimum cleanup level biological criteria. The biological effects criteria of this subsection establish the Puget Sound marine sediment cleanup screening level, and the Puget Sound marine sediment minimum cleanup level criteria.
(a) The acute and chronic effects biological tests of WAC 173-204-315(1) shall be used to:
(i) Identify the Puget Sound marine sediment cleanup screening level for the purpose of screening sediment station clusters of potential concern using the procedures of WAC 173-204-510(2); and
(ii) Identify the Puget Sound marine sediment cleanup screening level for the purpose of identifying station clusters of low concern and/or cleanup sites using the hazard assessment procedures of WAC 173-204-530(4); and/or
(iii) Identify the Puget Sound marine sediment minimum cleanup level to confirm minimum cleanup level determinations using the procedures of WAC 173-204-570(3).
(b) When using biological testing to determine if station clusters exceed the cleanup screening level or to identify the minimum cleanup level for a contaminated site, test results from at least two acute effects tests and one chronic effects test shall be evaluated.
(c) The biological tests shall not be considered valid unless test results for the appropriate control and reference sediment samples meet the performance standards described in WAC 173-204-315(2).
(d) The cleanup screening level and minimum cleanup level is exceeded when any two of the biological tests exceed the criteria of WAC 173-204-320(3); or one of the following test determinations is made:
(i) Amphipod: The test sediment has a higher (statistically significant, t test, p=0.05) mean mortality than the reference sediment and the test sediment mean mortality is greater than a value represented by the reference sediment mean mortality plus thirty percent.
(ii) Larval: The test sediment has a mean survivorship of normal larvae that is less (statistically significant, t test, p=0.05) than the mean normal survivorship in the reference sediment and the test sediment mean normal survivorship is less than seventy percent of the mean normal survivorship in the reference sediment (i.e., the test sediment has a mean combined abnormality and mortality that is greater than thirty percent relative to time-final in the reference sediment).
(iii) Benthic abundance: The test sediment has less than fifty percent of the reference sediment mean abundance of any two of the following major taxa: Class Crustacea, Phylum Mollusca or Class Polychaeta and the test sample abundances are statistically different (t test, p=0.05) from the reference abundances.
(iv) Juvenile polychaete: The test sediment has a mean individual growth rate of less than fifty percent of the reference sediment mean individual growth rate and the test sediment mean individual growth rate is statistically different (t test, p=0.05) from the reference sediment mean individual growth rate.
(4) Puget Sound marine sediment cleanup screening levels and minimum cleanup levels human health criteria. Reserved: The department may determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.
(5) Puget Sound marine sediment cleanup screening levels and minimum cleanup levels other toxic, radioactive, biological, or deleterious substances criteria. Other toxic, radioactive, biological, or deleterious substances in, or on, sediments shall be at or below levels which cause minor adverse effects in marine biological resources, or which correspond to a significant health risk to humans, as determined by the department. The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.
(6) Puget Sound marine sediment cleanup screening levels and minimum cleanup levels nonanthropogenically affected sediment criteria. Whenever the nonanthropogenically affected sediment quality is of a lower quality (i.e., higher chemical concentrations, higher levels of adverse biological response, or posing a higher threat to human health) than the applicable cleanup screening levels or minimum cleanup levels criteria established under this section, the existing sediment chemical and biological quality shall be identified on an area-wide basis as determined by the department, and used in place of the standards of WAC 173-204-520.
[Statutory Authority: RCW 90.48.220. 96-02-058, § 173-204-520, filed 12/29/95, effective 1/29/96. Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-520, filed 3/27/91, effective 4/27/91.]
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173-204-530
Hazard assessment and site identification.
(1) Purpose. A hazard assessment shall be performed to gather existing and available information to further characterize each station cluster of potential concern identified per WAC 173-204-510.
(2) Hazard assessment requirements. Onsite dischargers, lessees, landowners, and adjacent dischargers shall submit, upon the department's request, all existing and available information that would enable the department to:
(a) Determine the concentration and/or areal extent and depth of sediment contamination at the station cluster of potential concern by:
(i) Identifying the contaminants exceeding the applicable sediment quality standards of WAC 173-204-320 through 173-204-340;
(ii) Identifying individual stations within the station cluster of potential concern which exceed the sediment cleanup screening levels criteria of WAC 173-204-520;
(iii) Identifying the level of toxicity to the applicable biological test organisms of WAC 173-204-320 through 173-204-340;
(iv) Determining where the applicable sediment quality standards of WAC 173-204-320 through 173-204-340, for any given contaminant, is met;
(v) Determining if concentrations of chemicals exist that potentially present a significant threat to human health;
(vi) Defining the location where the minimum cleanup level as defined in WAC 173-204-570 is met.
(b) Identify and characterize the present and historic source or sources of the contamination.
(c) Identify the location of sediment impact zones authorized under WAC 173-204-415.
(d) Identify sensitive resources in the vicinity of the station cluster of potential concern.
(e) Provide other information as determined necessary by the department for ranking sites under WAC 173-204-540.
(3) The department shall also compile existing and available information from other federal, state, and local governments that pertain to the topics in subsection (2) of this section.
(4) To identify cleanup sites, the department shall use all available information of acceptable quality gathered from the hazard assessment to evaluate station clusters of potential concern identified pursuant to WAC 173-204-510(2). For the purpose of identifying a cleanup site per the procedures of this subsection, three stations with the highest contaminant concentration for any particular contaminant or the highest degree of biological effects as identified in WAC 173-204-520 are selected from a station cluster of potential concern. This procedure may be repeated for multiple chemicals identified in WAC 173-204-520, recognizing that the three stations with the highest concentration for each particular contaminant may be different and the respective areas for all chemicals may overlap. The department shall review the list of station clusters of potential concern to identify cleanup sites via the following process:
(a) Identify if available, three stations within the station cluster of potential concern with the highest level of biological effects for the biological tests identified in WAC 173-204-315(1).
(b) Station clusters of potential concern where the level of biological effects for any three stations within the station cluster of potential concern exceeds the cleanup screening levels of WAC 173-204-520(3) shall be defined as cleanup sites.
(c) Identify if available, the three stations within a station cluster of potential concern with the highest concentration of each chemical contaminant identified in WAC 173-204-520, Cleanup screening levels criteria. For the purpose of identifying a cleanup site per the procedures of this subsection, stations that meet the biological standards of WAC 173-204-520(3) shall not be included in the evaluation of chemical contaminant concentrations.
(d) For each contaminant identified in (c) of this subsection, determine the average concentration for the contaminant at the three stations identified in (c) of this subsection.
(e) Station clusters of potential concern for which any average chemical concentration identified in (d) of this subsection exceeds the cleanup screening level chemical criteria of Table III shall be defined as cleanup sites.
(f) After completion of the hazard assessment, if neither of the conditions of (b) or (e) of this subsection apply, then the station cluster is defined as a station cluster of low concern.
(g) Station clusters of potential concern where the department determines that any three stations within the station cluster of potential concern exceed the sediment cleanup screening levels human health criteria or the other toxic, radioactive, biological, or deleterious substances criteria or the nonanthropogenically affected criteria of WAC 173-204-520, shall be defined as cleanup sites.
[Statutory Authority: RCW 90.48.220. 96-02-058, § 173-204-530, filed 12/29/95, effective 1/29/96. Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-530, filed 3/27/91, effective 4/27/91.]
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173-204-540
Ranking and list of sites.
(1) Purpose. The department shall prepare and maintain a list of contaminated sediment sites in the order of their relative hazard ranking. From this list, the department shall select sites where action shall be taken.
(2) Site ranking. The department shall evaluate each cleanup site identified by the procedures in WAC 173-204-530 on a consistent basis using the procedure described in Sediment Ranking System ("SEDRANK"), January 1990, and all additions and revisions thereto or other procedures approved by the department. The purpose of ranking is to estimate, based on technical information compiled during the hazard assessment procedures in WAC 173-204-530, the relative potential risk posed by the site to human health and the environment. Information obtained during hazard assessment, plus any additional data specified in "SEDRANK," shall be included in the site hazard ranking evaluation.
(3) Considerations in ranking. In conducting sediment site ranking, the department shall assess both human health hazard and ecological hazard, and consider chemical toxicity, affected resources, and site characteristics for both types of hazards. The department shall also use best professional judgment and other information as necessary on a case-by-case basis to conduct site ranking.
(4) Site reranking. The department may, at its discretion, rerank a site. To rerank a site, the department shall use any additional information within the scope of the hazard ranking evaluation criteria and best professional judgment to establish that a significant change in rank should result.
(5) List of ranked sites.
(a) Contaminated sediment sites that are ranked via "SEDRANK" shall be placed on a list in the order of their relative hazard ranking. The list shall describe the current status of cleanup action at each site and be updated on an annual basis. The department may change a site's status to reflect current conditions on a more frequent basis. The status for each site shall be identified as one or more of the following:
(i) Sites awaiting cleanup action;
(ii) Sites where voluntary, incidental, partial or department initiated cleanup actions, as defined in WAC 173-204-550, are in progress;
(iii) Sites where a cleanup action has been completed and confirmational monitoring is underway;
(iv) Sites with sediment recovery zones authorized under WAC 173-204-590; and/or
(v) Other categories established by the department.
(b) The department shall routinely publish and make the list available to be used in conjunction with a review of ongoing and proposed regulatory actions to determine where and when a cleanup action should be taken. The department shall also make the list available to landowners and dischargers at or near listed sites, and to the public.
(6) Site delisting.
(a) The department may remove a site from the list only after it has determined that:
(i) All cleanup actions except confirmational monitoring have been completed and compliance with the site cleanup study and report and cleanup standard(s) has been achieved; or
(ii) The listing of the site was erroneous.
(b) A site owner or operator may request that a site be removed from the list by submitting a petition to the department. The petition shall state the reason for the site delisting request, and as determined appropriate by the department, shall include thorough documentation of all investigations performed, all cleanup actions taken, and all compliance monitoring data and results to demonstrate to the department's satisfaction that the site cleanup standards have been achieved. The department may require payment of costs incurred, including an advance deposit, for review and verification of the work performed. The department shall review such petitions, however the timing of the review shall be at its discretion and as resources may allow.
(c) The department shall maintain a record of sites that have been removed from the list under (a) of this subsection. This record shall be made available to the public on request.
(7) Relisting of sites. The department may relist a site which has previously been removed if it determines that the site requires further cleanup action.
(8) Delisting notice. The department shall provide public notice and an opportunity to comment when the department proposes to remove a site from the list.
(9) Relationship to hazardous sites list. The department may additionally evaluate cleanup sites on the site list developed under subsection (5) of this section for possible inclusion on the hazardous sites list published under WAC 173-340-330.
[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-540, filed 3/27/91, effective 4/27/91.]
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173-204-550
Types of cleanup and authority.
(1) Purpose. The department acknowledges that cleanups of contaminated sediment sites can occur under the authority of chapter 90.48 or 70.105D RCW. Sediment cleanups may also be initiated by the federal government pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This section describes the department's role in department initiated and other cleanup actions.
(2) The department shall use best professional judgment and other information as necessary on a case-by-case basis to determine the appropriate administrative authority for conducting, or requiring contaminated sediment cleanup actions based on, but not limited to, the following considerations:
(a) Source of contaminants requiring cleanup including spills, dredging actions, and wastewater and/or storm water discharges;
(b) Significance of contamination threat to human health and the environment including the degree of contamination and types and number of contaminants;
(c) Public perception concerning the contaminant threat to human health and the environment;
(d) Personal or corporate financial status of the landowner(s) and/or discharger(s);
(e) Enforcement compliance history of the landowner(s) and/or discharger(s);
(f) Status of existing or pending federal, state, or local legal orders or administrative actions; and
(g) Size of cleanup action proposed or determined necessary.
(3) The types of cleanup actions below establish scenarios recognized by the department which may occur to effect cleanup of contaminated sediment sites. All of these types of cleanup actions shall be subject to administrative review and approval of the department under chapters 90.48 and/or 70.105D RCW.
(a) Department initiated cleanup. Department initiated cleanup actions occur when the department uses its authority under chapter 90.48 and/or 70.105D RCW to conduct or require and/or otherwise effect cleanup to meet the intent of this chapter.
(b) Voluntary cleanup. Voluntary cleanup actions are initiated by parties other than the department. The department shall encourage voluntary cleanup actions whenever possible, and as early as possible, to meet the intent of this chapter.
(c) Incidental cleanup. Incidental cleanup actions are conducted when other state or federally permitted activities are ongoing in and/or around the contaminated sediment site. Early coordination of incidental cleanup actions with the department is encouraged to meet the intent of this chapter, chapter 70.105D RCW, and chapter 90.48 RCW, as appropriate.
(d) Partial cleanup. Partial cleanup actions may be conducted when completion of cleanup study requirements under WAC 173-204-560 has identified and proposed discrete site units and cleanup standards, the department has approved the selection of the partial cleanup alternative per the standards of WAC 173-204-580, and the department has determined that awaiting action or decision on conducting a complete site cleanup would have a net detrimental effect on the environment or human health.
(e) CERCLA cleanup. Pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, the department may identify chapter 173-204 WAC as an applicable state requirement for cleanup actions conducted by the federal government.
[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-550, filed 3/27/91, effective 4/27/91.]
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173-204-560
Cleanup study.
(1) Purpose. This section describes cleanup study plan and report standards which meet the intent of cleanup actions required under authority of chapter 90.48 and/or 70.105D RCW, and/or this chapter. Cleanup actions required under authority of chapter 70.105D RCW shall also meet all standards of chapter 173-340 WAC, the Model Toxics Control Act cleanup regulation. The cleanup study plan and report standards in this chapter include activities to collect, develop, and evaluate sufficient information to enable consideration of cleanup alternatives and selection of a site-specific sediment cleanup standard prior to making a cleanup decision. Each person performing a cleanup action to meet the intent of this chapter shall submit a cleanup study plan and cleanup study report to the department for review and written approval prior to implementation of the cleanup action. The department may approve the cleanup study plan as submitted, may approve the cleanup study plan with appropriate changes or additions, or may require preparation of a new cleanup study plan.
(2) Scope of cleanup study plan. The scope of a cleanup study plan shall depend on the specific site informational needs, the site hazard, the type of cleanup action proposed, and the authority cited by the department to require cleanup. In establishing the necessary scope of the cleanup study plan, the department may consider cost mitigation factors, such as the financial resources of the person(s) responsible for the cleanup action. In all cases sufficient information must be collected, developed, and evaluated to enable the appropriate selection of a cleanup standard under WAC 173-204-570 and a cleanup action decision under WAC 173-204-580. The sediment cleanup study plan shall address:
(a) Public information/education;
(b) Site investigation and cleanup alternatives evaluation;
(c) Sampling plan and recordkeeping; and
(d) Site safety.
(3) Cleanup study plan public information/education requirements. The cleanup study plan shall encourage coordinated and effective public involvement commensurate with the nature of the proposed cleanup action, the level of public concern, and the existence of, or potential for adverse effects on biological resources and/or a threat to human health. The cleanup study plan shall address proposed activities for the following subjects:
(a) When public notice will occur, the length of the comment periods accompanying each notice, the potentially affected vicinity, and any other areas to be provided notice;
(b) Where public information repositories will be located to provide site information to the public;
(c) Methods for identifying the public's concerns, e.g., interviews, questionnaires, community group meetings, etc.;
(d) Methods for providing information to the public, e.g., press releases, public meetings, fact sheets, etc.;
(e) Coordination of public participation requirements mandated by other federal, state, or local laws;
(f) Amendments to the planned public involvement activities; and
(g) Any other elements that the department determines to be appropriate for inclusion in the cleanup study plan.
(4) Cleanup study plan site investigation and cleanup alternatives evaluation requirements. The content of the cleanup study plan for the site investigation and cleanup alternatives evaluation is determined by the type of cleanup action selected as defined under WAC 173-204-550. As determined by the department, the cleanup study plan shall address the following subjects:
(a) General site information. General information, including: Project title; name, address, and phone number of project coordinator; legal description of the cleanup site; area and volume dimensions of the site; present owners and operators of contaminant source discharges to site; chronological listing of past owners and operators of contaminant source discharges to the site and their respective operational history; and other pertinent information determined by the department.
(b) Site conditions map. An existing site conditions map which illustrates site features as follows:
(i) Property boundaries.
(ii) The site boundary defined by the individual contaminants exceeding the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 at the point where the concentration of the contaminant would meet the:
(A) Cleanup objective; and
(B) Minimum cleanup level; and
(C) Recommended cleanup standards.
(iii) Surface and subsurface topography.
(iv) Surface and subsurface structures.
(v) Utility lines.
(vi) Navigation lanes.
(vii) Current and ongoing sediment sources.
(viii) Other pertinent information determined by the department.
(c) Site investigation. Sufficient investigation to characterize the distribution of sediment contamination present at the site, and the threat or potential threat to human health and the environment. Where applicable to the site, these investigations shall address the following:
(i) Surface water and sediments. Investigations of surface water hydrodynamics and sediment transport mechanisms to characterize significant hydrologic features such as: Site surface water drainage patterns, quantities and flow rates, areas of sediment erosion and deposition including estimates of sedimentation rates, and actual or potential contaminant migration routes to and from the site and within the site. Sufficient surface water and sediment sampling shall be performed to adequately characterize the areal and vertical distribution and concentrations of contaminants. Recontamination potential of sediments which are likely to influence the type and rate of contaminant migration, or are likely to affect the ability to implement alternative cleanup actions shall be characterized;
(ii) Geology and ground water system characteristics. Investigations of site geology and hydrogeology to adequately characterize the physical properties and distribution of sediment types, and the characteristics of ground water flow rate, ground water gradient, ground water discharge areas, and ground water quality data which may affect site cleanup alternatives evaluations;
(iii) Climate. Information regarding local and regional climatological characteristics which are likely to affect surface water hydrodynamics, ground water flow characteristics, and migration of sediment contaminants such as: Seasonal patterns of rainfall; the magnitude and frequency of significant storm events; prevailing wind direction and velocity;
(iv) Land use. Information characterizing human populations exposed or potentially exposed to sediment contaminants released from the site and present and proposed uses and zoning for shoreline areas contiguous with the site; and
(v) Natural resources and ecology. Information to determine the impact or potential impact of sediment contaminants from the site on natural resources and ecology of the area such as: Sensitive environment, local and regional habitat, plant and animal species, and other environmental receptors.
(d) Sediment contaminant sources. A description of the location, quantity, areal and vertical extent, concentration and sources of active and inactive waste disposal and other sediment contaminant discharge sources which affect or potentially affect the site. Where determined relevant by the department, the following information shall be obtained by the department from the responsible discharger:
(i) The physical and chemical characteristics, and the biological effects of site sediment contaminant sources;
(ii) The status of source control actions for permitted and unpermitted site sediment contaminant sources; and
(iii) A recommended compliance time frame for known permitted and unpermitted site sediment contaminant sources which affect or potentially affect implementation of the timing and scope of the site cleanup action alternatives.
(e) Human health risk assessment. The current and potential threats to human health that may be posed by sediment site contamination shall be evaluated using a risk assessment procedure approved by the department.
(f) Cleanup action alternatives. Each cleanup study plan shall include an evaluation of alternative cleanup actions that protect human health and the environment by eliminating, reducing, or otherwise controlling risks posed through each exposure pathway and migration route. The number and types of alternatives to be evaluated shall take into account the characteristics and complexity of the site.
(i) The proposed site cleanup alternatives may include establishment of site units, as defined in WAC 173-204-200(24), with individual cleanup standards within the range required by WAC 173-204-570, based on site physical characteristics and complexity, and cleanup standard alternatives established on consideration of cost, technical feasibility, and net environmental impact.
(ii) The proposed site cleanup alternatives may include establishment of a sediment recovery zone as authorized under WAC 173-204-590, Sediment recovery zones. Establishment or expansion of a sediment recovery zone shall not be used as a substitute for active cleanup actions, when such actions are practicable and meet the standards of WAC 173-204-580. The cleanup study plan shall include the following information for evaluation of sediment recovery zone alternatives:
(A) The time period during which a sediment recovery zone is projected to be necessary based on source loading and net environmental recovery processes determined by application of the department's sediment recovery zone computer models "CORMIX," "PLUMES," and/or "WASP," or an alternate sediment recovery zone model(s) approved by the department under WAC 173-204-130(4) as limited by the standards of this section and the department's best professional judgment;
(B) The legal location and landowner(s) of property proposed as a sediment recovery zone;
(C) Operational terms and conditions including, but not limited to proposed confirmational monitoring actions for discharge effluent and/or receiving water column and/or sediment chemical monitoring studies and/or bioassays to evaluate ongoing water quality, sediment quality, and biological conditions within and adjacent to the proposed or authorized sediment recovery zone to confirm source loading and recovery rates in the proposed sediment recovery zone.
(D) Potential risks posed by the proposed sediment recovery zone to human health and the environment;
(E) The technical practicability of elimination or reduction of the size and/or degree of chemical contamination and/or level of biological effects within the proposed sediment recovery zone; and
(F) Current and potential use of the sediment recovery zone, surrounding areas, and associated resources that are, or may be, affected by releases from the zone.
(G) The need for institutional controls or other site use restrictions to reduce site contamination risks to human health.
(iii) A phased approach for evaluation of alternatives may be required for certain sites, including an initial screening of alternatives to reduce the number of potential remedies for the final detailed evaluation. The final evaluation of cleanup action alternatives that pass the initial screening shall consider the following factors:
(A) Overall protection of human health and the environment, time required to attain the cleanup standard(s), and on-site and off-site environmental impacts and risks to human health resulting from implementing the cleanup alternatives;
(B) Attainment of the cleanup standard(s) and compliance with applicable federal, state, and local laws;
(C) Short-term effectiveness, including protection of human health and the environment during construction and implementation of the alternative; and
(D) Long-term effectiveness, including degree of certainty that the alternative will be successful, long-term reliability, magnitude of residual, biological and human health risk, and effectiveness of controls for ongoing discharges and/or controls required to manage treatment residues or remaining wastes cleanup and/or disposal site risks;
(g) Ability to be implemented. The ability to be implemented including the potential for landowner cooperation, consideration of technical feasibility, availability of needed off-site facilities, services and materials, administrative and regulatory requirements, scheduling, monitoring requirements, access for construction, operations and monitoring, and integration with existing facility operations and other current or potential cleanup actions;
(h) Cost, including consideration of present and future direct and indirect capital, operation, and maintenance costs and other foreseeable costs;
(i) The degree to which community concerns are addressed;
(j) The degree to which recycling, reuse, and waste minimization are employed; and
(k) Environmental impact. Sufficient information shall be provided to fulfill the requirements of chapter 43.21C RCW, the State Environmental Policy Act. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated shall be included.
(5) Cleanup study plan -- sampling plan and recordkeeping requirements. The cleanup study plan shall address proposed sampling and recordkeeping activities to meet the standards of WAC 173-204-600, Sampling and testing plan standards, and WAC 173-204-610, Records management, and the standards of this section.
(6) Cleanup study plan site safety requirements. The cleanup study plan shall address proposed activities to meet the requirements of the Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.) and the Washington Industrial Safety and Health Act (chapter 49.17 RCW), and regulations promulgated pursuant thereto. These requirements are subject to enforcement by the designated federal and state agencies. Actions taken by the department under this chapter do not constitute an exercise of statutory authority within the meaning of section (4)(b)(1) of the Occupational Safety and Health Act. (continued)