N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 375-6.9 - Development or modification of soil cleanup objectives

(a) Applicability. This section identifies when and the procedures under which a contaminant-specific soil cleanup objective may be developed or modified.

(1) Soil cleanup objectives for contaminants not included in Tables 375-6.8(a) and (b) of this Subpart may be developed by the remedial party or required by the department.

(2) Soil cleanup objectives for contaminants included in Tables 375-6.8(a) and (b) of this Subpart, may be modified based on site-specific data if desired by the remedial party; as set forth in:

(i) Subpart 375-3 for Tracks 3 or 4, as set forth in section 375-3.8(e)(3) or (4), respectively of this Part; or

(ii) Subparts 375-2 and 375-4 of this Part, as set forth in section 375- 2.8(b)(1)(iii) and 375-4.8(c)(1)(iii) of this Part.

(3) Protection of ecological resources soil cleanup objectives were not developed for certain contaminants, which are identified in Table 375-6.8(b) of this Subpart as "NS". Where such contaminants:

(i) appear in Table 375-6.8(a), the applicant may be required by the department to calculate a protection of ecological resources soil cleanup objective for the contaminant for use in Track 1 and apply such soil cleanup objective where it is lower than the soil cleanup objective set forth in Table 375-6.8(a) of this Subpart; or

(ii) are identified as impacting or threatening an ecological resource for a restricted use remedial program the department may require a protection of ecological resources soil cleanup objective be developed.

(b) New soil cleanup objectives must:

(1) Be developed utilizing the same methodologies that were used by the department to develop the respective soil cleanup objective, as provided in the technical support document.

(2) Apply the following caps, as set forth in section 9.3 of the technical support document, on any soil cleanup objective included in Tables 375-6.8(a) and (b) of this Part, with the exception of metals, as set forth in paragraph (3) of this subdivision, developed for:

(i) unrestricted use, residential use, restricted-residential use and the protection of ecological resources, a maximum value of 100 ppm;

(ii) commercial use, a maximum value of 500 ppm; and

(iii) industrial use and the protection of groundwater a maximum value of 1000 ppm, and

(3) Apply a cap for metals at a maximum value of 10,000 ppm.

(c) Development of unrestricted use soil cleanup objectives. Development of unrestricted use soil cleanup objectives. The unrestricted use soil cleanup objective for a compound will be the lowest of the soil cleanup values, calculated as set forth in appendix E of the technical support document, for the protection of groundwater, protection of ecological resources and protection of public health.

(d) Development of restricted use soil cleanup objectives. The protection of:

(1) Groundwater soil cleanup objective will be the values calculated for the protection of groundwater as set forth in appendix E of the technical support document;

(2) Ecological resources soil cleanup objectives will be the values calculated for the protection of ecological resources as set forth in appendix E of the technical support document; and

(3) Public health cleanup objective will be the values calculated for the protection of public health for the identified use of the site, as set forth in appendix E of the technical support document.

(e) Modification of soil cleanup objectives. The contaminant-specific soil cleanup objectives set forth at Table 675-6.8(a) and (b) of this Subpart may be modified by site specific data as set forth in this subdivision.

(1) Contaminant-specific soil cleanup objectives modified in accordance with this subdivision may be utilized by the remedial party for a site remedial program undertaken pursuant to:

(i) Subpart 375-3 in Tracks 3 or 4, as set forth in section 375-3.8(e)(3) or (4), respectively of this Part; or

(ii) Subparts 375-2 and 375-4, as set forth in sections 375-2.8(b)(1)(ii) and 375-4.8(c)(1)(ii) of this Part.

(2) For the calculation of a protection of groundwater or ecological resources contaminant-specific soil cleanup objective, the site-specific percentage of total organic carbon in the soil at the site may be substituted in the algorithms provided in appendix E of the technical support document.

(3) For the calculation of a protection of public health contaminant-specific soil cleanup objective, site-specific data may be used to modify two of the five exposure pathways, as follows:

(i) for the particulate inhalation pathway six parameters rely on site-specific data; and

(ii) for the volatile inhalation pathway, four parameters rely on site-specific data.

(4) The algorithms to be used for each protection of public health pathway and details on the parameters which can be substituted are included in appendix E of the technical support document.

(f) Use of soil cleanup objectives developed or modified. Once approved by the department, contaminant-specific soil cleanup objectives developed or modified as set forth in this section may be utilized by the department at other sites consistent with paragraphs (1) and (2) of this subdivision.

(1) Contaminant-specific soil cleanup objectives developed for contaminants not included in Table 375-6.8(a) and (b), as set forth in subdivision (b) of this section, will be used as guidance and shall be considered by the department for inclusion in the Tables in this Subpart during any subsequent reevaluation of the soil cleanup objectives, as set forth by ECL 27-1415.

(2) Contaminant-specific soil cleanup objectives modified for site-specific parameters, as set forth in subdivision (f) of this section, may be utilized at sites manifesting similar parameters, if approved by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.9