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					Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005



  No.           Citation                                  Regulatory Issue                                                   Potential Solution

                                   The last sentence, regarding not returning to 30 TAC 335            Move the last sentence to '350.2(m)(4).
   1          '350.2(m)(2)         once in 30 TAC 350, should be extended to all grandfathered
                                   situations.

                                   In the Remedy Standard B Reporting flowchart, the last              Revise last sentence to improve readability, and add context of
             Figure 30 TAC         sentence of box #2 is nonsensical, and the reference to 120         modified groundwater response objectives.
   2
               '350.3(4)           days is not in proper context of modified groundwater
                                   response objectives.

                                   The anthropogenic background text should be revised to              Add text to background definition that reflects that non-point
                                   include surface water and sediment situations.                      source pollution in general can be a source for anthropogenic
   3          '350.4(a)(6)
                                                                                                       background chemical of concern (COC) concentrations in
                                                                                                       surface water and sediment.

   4          '350.4(a)(7)         Typo: the word Athan@ should be Athat.@                             Amend Athan cannot@ to Athat cannot.@

                                   The North American Industrial Classification System                 The rule definition should be changed just to avoid confusion
                                   (NAICS), code 81 inclusive, is part of the definition of            over the use of domestic help in a private household. Change
                                   commercial/industrial land use. NAICS code 814 is Aprivate          end of last sentence to A. . . 81 except 814; and . . . .@
   5          '350.4(a)(13)        households.@ Although this code suggests an incorrect land
                                   use classification could result, it actually refers to the hiring
                                   and employment of domestic household help such as maids,
                                   butlers, etc.

                                   Update the referenced document title, Implementation of the         Change to correct title: Procedures to Implement the Texas
   6          '350.4(a)(45)        Texas Natural Resource Conservation Commission                      Surface Water Quality Standards, as amended.
                                   Standards via Permitting, as amended.


    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 1
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
  No.           Citation                                 Regulatory Issue                                                   Potential Solution

                                   Definition is too general with regard to governmental entities.   The definition should be amended to say that governmental
   7          '350.4(a)(62)
                                   Implies that governmental entities are not regulated.             entities are exempt only from certain requirements.

                                   The term Asample quantitation limit@ (ASQL@) is misleading        Revise rule to use better term to fit the definition. The better
                                   and confusing.                                                    term is the sample detection limit (SDL) which is analogous, as
   8          '350.4(a)(78)                                                                          stated in the rule, to the SQL. This change will require a
                                                                                                     wholesale address for all places where the term ASQL@ is used
                                                                                                     in the rule.

                                   The definition of what constitutes surface soil is not            Redefine surface soil as being 0-5 feet for both residential and
                                   consistent for both residential and commercial/industrial land    commercial/industrial land uses. Also, change Figure 30 TAC
   9          '350.4(a)(88)        uses. Currently, surface soil depths are 0-15 feet and 0-5 feet   350.77 (Tier 1: Exclusion Criteria Checklist).
                                   for residential and commercial/industrial land uses,
                                   respectively.

                                   The procedures for attaining no further action status for         Amend rule to read: For Remedy Standard A, such
                                   Remedy Standard A currently refers in part to '350.31(g),         confirmation will be issued subsequent to approval of the
                                   which in turn mentions only commercial/industrial land use        RACR by the executive director, and when applicable, receipt
  10           '350.34(1)          relative to institutional controls. Language should be            by the agency of proof of the filing of all necessary institutional
                                   broadened to capture other institutional control triggers such    controls. Expand to capture full applicability that may have
                                   as non-standard exposure areas and occupational inhalation        been triggered by '350.31(g), '350. 51(l)(3) or (4),
                                   risk-based exposure limits (RBELs).                               '350.74(b)(1) or '350.74(j)(2).

                                   The procedures for attaining no further action status for         Amend rule to read: For Remedy Standard B, such
                                   Remedy Standard B currently refers in part to '350.31(g),         confirmation will be issued subsequent to approval of the
                                   which in turn mentions only commercial/industrial land use        RACR by the executive director, and when applicable, receipt
  11           '350.34(2)          relative to institutional controls. Language should be            by the agency of proof of the filing of all necessary institutional
                                   broadened to capture other institutional control triggers such    controls. Expand to capture full applicability that may have
                                   as non-standard exposure areas and occupational inhalation        been triggered by '350.31(g), '350. 51(l)(3) or (4),
                                   risk-based exposure limits (RBELs).                               '350.74(b)(1) or '350.74(j)(2).


    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 2
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
  No.           Citation                                  Regulatory Issue                                                 Potential Solution

                                   Intermittent stream sediment may need to be evaluated for         Add text that states that for intermittent streams, sediment
  12           '350.37(k)          both soil and sediment pathways for both human health and         points of exposure apply.
                                   eco, or at least the most sensitive of the two.

                                   Sample representativeness should not be limited to                Amend to refer to samples from all environmental media.
  13            '350.51(j)
                                   groundwater.

                                   Paragraph refers to surface water but not to sediment.            Add Aand sediment@ to each of the two occurrences of
                                                                                                     Asurface water@ in the sentence.
                                   The text refers largely to the Implementation Procedures as
  14           '350.51(k)          the source for guidance on sampling and handling surface          Take out reference to Implementation Procedures and replace
                                   water samples. This document offers limited guidance on this      with reference to Surface Water Quality Monitoring
                                   topic.                                                            Procedures.


                                   1. Add the word Asoil@ into the rule paragraph to clarify that    1. Amend first sentence of subsection to read: AIf a person
                                   the Texas-specific background concentrations are for soil.        does not desire to determine a site-specific soil background
                                                                                                     concentration...@
                                   2. Figure: 30 TAC '350.51(m) has a column titled AMetals@
                                   yet it includes fluorine, which is a gas, not a metal.            2. Check the original USGS data base to determine if fluorine
                                                                                                     the element or fluoride the ion was the constituent. Either
             '350.51(m) and        3. The table in Figure: 30 TAC '350.51(m) does not indicate       change the heading and revise the entry if it was fluoride, or
  15         Figure 30 TAC         that the background values described are for soils and the        delete fluorine from the list.
               '350.51(m)          units are milligrams per kilogram (mg/kg).
                                                                                                     3. Amend the title of the table to ATexas-Specific Soil Median
                                   4. The value listed in the table for thallium is actually for     Background Concentrations, milligrams per kilogram (mg/kg).@
                                   thorium.
                                                                                                     4. Replace Athallium@ value of 9.3 with 0.7 and add new row
                                                                                                     for Athorium@ with value of 9.3.




    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 3
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
  No.           Citation                                  Regulatory Issue                                                  Potential Solution

                                   The existing rule states that laboratories should be Agenerally    Revise the rule to specify that the laboratory shall meet the
                                   consistent “ with the National Environmental Laboratory            standards set by NELAC and reference 30 TAC 25.
                                   Accreditation Program (NELAC) or the International
  16           '350.54(d)
                                   Organization for Standardization (ISO). Since 30 TAC 350
                                   was adopted, 30 TAC 25 rules requiring conformance with
                                   NELAC have been adopted.

                                   The rule is not sufficiently clear on how to handle non-           Revise '350.71(k)(3)(A) and (B) to clarify the flexibility to
  17          '350.71(k)(3)        detected results for analytes not identified as COCs.              eliminate analytes for which all results are not detected and the
                                                                                                      appropriate method is used, then the chemical is not a COC.

                                   The toxicity factor hierarchy list needs updating to reflect new   Update hierarchy list based on current sources of toxicity
  18           '350.73(a)
                                   data sources.                                                      values.

                                   Thallium has a range of applicable Kds based on the range of       Add the proper Kd for thallium to the table.
             Figure: 30 TAC        pHs presented in Figure: 30 TAC '350.73(e)(1)(C).
  19
               '350.73(e)          However, thallium does not have a Kd listed in Figure: 30
                                   TAC '350.73(e).

             Figure: 30 TAC        The rule does not provide pH-dependent Kd values for                Provide pH-dependent Kd values for antimony and vanadium.
  20
            '350.73(e)(1)(C)       antimony and vanadium

             Figure 30 TAC         Incorrect cross-reference citation.                                For the relative bioavailability factor (RBAF) and the reference
  21
               '350.74(a)                                                                             concentration (RfC*), the citation should be '350.74(j)(1)(C).

 22**          '350.74(d)          Missing word - Athe@.                                              Add Athe@ to read A...is the protective...@.




    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 4
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
  No.           Citation                                  Regulatory Issue                                                  Potential Solution

                                   People are not aware that multiple risk-based exposure limits       Add language '350.74(h) to make persons more aware that
                                   (RBELs) and protective concentration levels (PCLs) may have         they may have to develop multiple RBELs or PCLs depending
                                   to be developed for a single chemical of concern (COC) to           on the distance downstream COCs are expected to be present
                                   address changes in the classification and use of a given surface    in the watershed, and that the RBELs and PCLs will vary with
             '350.74(h) and
  23                               water body as it flows downstream. Additionally, the fact           the different uses and exposure pathways within the watershed
            '350.37(i) and (j)
                                   that points of exposure are impacted by the downgradient            (e.g., intermittent vs perennial, drinking water designation).
                                   changes in surface water bodies should be considered.
                                                                                                       Add conforming explanatory text to the end of each of
                                                                                                       '350.37(i) and (j).

                                   Chapter 321, Subchapter H is no longer valid.                       For discharges of petroleum fuel contaminated waters, refer the
                                                                                                       person to the limits in the forthcoming Texas Pollutant
  24          '350.74(h)(3)
                                                                                                       Discharge Elimination System (TPDES) general permit
                                                                                                       TXG830000, and define the scope of applicability.

                                   Reference to Afederal guidance criteria@ is too vague.              Add specificity [a maximum contaminant level (MCL), or
  25          '350.74(h)(4)                                                                            equivalent agency guideline as appropriate, or derive a human
                                                                                                       health value in accordance with 307.6(d)].

                                   This section refers to modifications of the surface water risk-     Clarify language.
                                   based exposure limit (RBEL) based on many things
                                   (aesthetics, nutrients, chlorides, adverse toxic effects, etc.).
                                   True, in some instances you might modify a RBEL to satisfy
  26       '350.74(h)(6)(A-C)      one of these (lower semivolatile chemicals of concern to
                                   satisfy aesthetics, for example), but some of these parameters
                                   (such as nutrients, total dissolved solids, sulfates) may in fact
                                   be chemicals of concern (COCs) themselves.


                                   The specified analytes should be treated as a COC. That is          Elevate to form a new paragraph '350.74(h)(5) and shift
  27        '350.74(h)(6)(B)       not clear due to the rule structure.                                subsequent numbering and cross references.

    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 5
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
  No.           Citation                                  Regulatory Issue                                                   Potential Solution

                                   1. The numerator of the groundwater to surface water                1. Add Aand/or@ SWSWEco.
                                   (SWGW) equation is not comprehensive.
                                                                                                       2. Replace the ρb term with H=/Kd and recalculate Tier 1 PCL
                                   2. The dry soil bulk density term (ρb) in the numerator of the
                                                                                                       values for the AirSoilInh-V and TotSoilComb exposure pathways.
                                   volatilization factor (VFss) equation is wrong.
                                                                                                       3. Value should be amended to 9.5 x 10 8 (30 years) to replace
                                   3. The tau (τ) value in the list of terms is incorrect. Revised
                                                                                                       1.0x109 (33 years).
                                   value is already in use via guidance.

                                   4. For the Koc term, the table should only reference Figure:        4. Amend rule striking reference to figure (A) and (C).
             Figure 30 TAC         30 TAC '350.73(e)(1)(B), as other referenced tables are Kd,
  28
             '350.75(b)(1)         not Koc, values.

                                   5. LDF is defined incorrectly as Lateral Dilution Factor.           5. Define as Leachate Dilution Factor.

                                   6. Theta tau (ΘT ) is incorrectly shown as an exponent in the       6. Amend to make ΘT a multiplier
                                   Res.sat equation. A revision is already in use via guidance.
                                                                                                       7. Value should be 0.04514.
                                   7. Incorrect Res.sat value (0.0167 in original final rule).
                                   Revised value already in use via guidance.




                                   The introductory paragraph infers that the use of a dilution        Need to modify this section to make it clear to set the SWGW
                                   factor for the groundwater-to-surface water pathway is related      protective concentration level (PCL) equal to the lower of the
  29          '350.75(i)(4)        only to the SWRBEL; or, to Texas Surface Water Quality              (a) SWRBEL established in accordance with '350.74(h), or the
                                   Standards pathways alone.                                           (b) SWSWEco PCL. Also, cross-reference to other parts of the
                                                                                                       rule.

                                   The text, A. . . divide the SWRBEL by the dilution factor. . . ,@   Modify text to say SWRBEL or surface water PCL.
  30        '350.75(i)(4)(C)       is too specific. This omits other pathways where a dilution
                                   factor is applicable.
    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 6
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
  No.           Citation                                 Regulatory Issue                                                  Potential Solution

                                   Additional regulatory flexibility is needed for establishing      New language (c)(1): The Tier 1 TotSoilComb PCL for residential
                                   lead protective concentration levels (PCLs). The EPA              lead is 500 mg/kg. New language (c)(2): Subject to prior
                                   integrated exposure uptake biokinetic model (IEUBK)Cfor           approval by the executive director, the person may use the US
  31           '350.76(c)
                                   lead in childrenCshould be available for use in establishing a    EPA IEUBK model for lead in children to calculate a Tier 3
                                   site-specific residential lead PCL under Tier 3.                  residential TotSoilComb PCL for lead. Modify any existing cross-
                                                                                                     reference to '350.76(c)(1) or (c)(2).

                                   Total PCB concentrations need to be determined on a PCB           Revise the rule to specify that total PCB concentrations shall
                                   congener basis, not on an arochlor basis, as is commonly          be determined using a PCB congener method to quantify total
  32           '350.76(d)          done. Additionally, the rule addresses only soils, being silent   PCBs for comparison to the PCB PCLs. Add rule language to
                                   on the subject of PCBs in groundwater.                            describe how groundwater PCLs should be developed using
                                                                                                     PCB congener data.

                                   The wrong oral reference dose surrogate is referenced for >C 7-   Replace Aethylbenzene@ with Atoluene@.
             Figure: 30 TAC
 33**                              8 aromatics. The correct chemical/physical properties are
             '350.76(g)(2)
                                   used, however.

                                   1. An expedited stream evaluation process has been                1. To clarify the role of the expedited stream evaluation, amend
                                   implemented via the ecological risk assessment guidance that      the rule at '350.77(a) to adopt the process.
                                   is not acknowledged in rule.
  34          '350.77(a-b)
                                   2. The language of '350.77(a) is too limited in referring to      2. Amend '350.77(b) to explain that response actions
                                   response actions taken to address human health-based              conducted for any reason may be sufficient to eliminate the
                                   response actions. Satisfactory response actions may have          need to conduct the ecological risk assessment.
                                   been performed for other reasons.

                                   The rule implies that there is no ecological risk assessment      Amend to reference the existing guidance document.
  35           '350.77(c)
                                   guidance.

  36          '350.77(c)(7)        For ecological risk assessments, the no observed adverse          Amend '350.77(c)(7) to clarify that both the NOAEL and
                                   effects level (NOAEL) is not being consistently considered        LOAEL must be considered at this step of the ecological risk

    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 7
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
  No.           Citation                                 Regulatory Issue                                                  Potential Solution
                                   along with the low observed adverse effects level (LOAEL).        assessment.

                                   Institutional controls may be established for reasons other       Expand to capture full applicability that may have been
  37           '350.95(b)          than commercial/industrial land use.                              triggered by '350.31(g), '350. 51(l)(3) or (4), '350.74(b)(1)
                                                                                                     or '350.74(j)(2).

  38           '350.96(a)          Typo: using the plural Areports@ is incorrect.                    Change Areports@ to Areport.”

  39           '350.111(e)         Incorrect cross reference to '350.33(f)(3)(E).                    Amend to cross reference '350.33(f)(3)(F).

                                   New agency rules 30 TAC Chapter 60, adopted post-30 TAC           For clarification, a citation for the new 30 TAC Chapter 60
  40           '350.134(b)         350, establish additional criteria for evaluating compliance      rules can be added to this subsection, similar to a conforming
                                   history.                                                          rule change.




    **Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided during
   the August 17, 2005 meeting.
   Page 8

				
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Description: Open Meeting for TRRP Rule Revisions comb