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Stage 10 Amendments to the Contaminated Sites Regulations BCIA Peace River Branch Annual General Meeting January 20, 2017 Adrian Renneberg, M.Sc., P.Ag. CSAP Introduction Quick Overview of Environmental Regulations in BC The BC CSR Stage 10 Amendments New Landuse Definitions Updates to Water Standards Updates to Soil Standards Updates to Vapour Standards Soil Relocation Agreements New and Emerging Contaminants of Concern Environmental Regulations in BC Environmental Management Act Contaminated Sites Regulation Hazardous Waste Regulation Oil and Gas Waste Regulation Oil and Gas Activities Act Environmental Protection and Management Regulation Petroleum and Natural Gas Act Water Act Groundwater Protection Regulation BC Contaminated Sites Regulations Currently has 11 schedules Standards, Site Profiles, etc. 21 Protocols Describe procedures that must be followed 22 Technical Guidance Documents How to documents on environmental investigations, applying standards 17 Administrative Guidance Documents Instructive documents on working under the CSR processes Procedure documents, fact sheets, bulletins... Stage 10 Amendments Signed into effect by Minister of Environment Mary Polack Effective November 1, 2016 1 year transition, fully effective November 1, 2017 In the transition year an instrument can use either the old or the new regulation Stage 10 Amendments include changes to: Land use definitions 8 land uses, vs 5 previously Residential low and high density Natural and reverted Wildlands Water standards Soil standards Vapour standards (parkades) Soil relocation agreements Sediment criteria will become standards Will be updating technical guidance and protocol documents New protocols: leachate, carcinogenic substances, CSST Updated protocols: 2, 4, 6, 11, 12, 13, 16, 17, 18 Administrative guidance: 3, 5, 10 New lab methods New contaminants of concern Will be publishing errata throughout the year Schedules of CSR (2016) Schedule 1 – Site Profile, Summary of Site Condition No Change Schedule 2.1 – Protected Areas Schedule 3.1 Part 1 – Matrix Numerical Soil Standards Part 2 – Generic Numerical Soil Standards – Human Health Part 3 – Generic Numerical Soil Standards – Ecological Health Schedule 3.2 – Generic Numerical Water Standards Aquatic, Irrigation, Livestock, Drinking Water Schedule 3.3 – Generic Numerical Vapour Standards Schedule 3.4 – Generic Numerical Sediment Standards Changed from Criteria Residential Landuse High density (RLHD): A multiple use dwelling of three or more storeys An institutional facility in a building of three or more storeys Playgrounds or growing vegetables is prohibited Low density (RLLD): A single residence A multiple use dwelling of less than three storeys An institutional facility in a building of less than three storeys Wildland Landuse “The use of land for a primary purpose other than an agricultural, commercial, industrial, urban park or residential land use” Natural Wildland – a protected area defined in Schedule 2.1 e.g. Park, ungulate winter range, ecological reserve, wildlife management area etc. Currently 17 areas Reverted Wildland – a wildland not listed in Schedule 2.1 Natural Wildland more protective than Reverted Wildland Reverted Wildland targets an EC25 level of ecological impact i.e. Identical to agricultural/urban parkland values Natural Wildland targets an EC15 level of ecological impact i.e. Approximately 40% more strict than Reverted Wildland Industrial, commercial and RLHD are set to EC50 Water Standards Now listed in Schedule 3.2 Updated some old numerical standards with toxicity based standards Updated toxicity data All drinking water standards now toxicity based Updated water transport model Tweaked the formulae for calculating standards Aquatic Life Standards: 8% less stringent 5% more stringent 87% no change Drinking Water Standards: 16% less stringent 19% more stringent 66% no change Selected Contaminants of Concern Substance Aquatic Life (mg/L) Drinking Water (mg/L) Old Standard New Standard Old Standard New Standard Chloride 1,500 1,500 250 250 Sodium None None 200 200 Benzene 4,000 400 5 5 Ethylbenzene 2,000 2,000 2.4 140 Toluene 390 5 24 60 Xylene None 300 300 90 Soil Standards Previously in Schedules 4, 5, and 10 Consolidated in Schedule 3.1, Parts 1, 2, and 3 Part 1 – Matrix standards 41 substances vs. 22 previously Part 2 – Generic, Human Health Part 3 – Generic, Ecological Updated the partitioning model: Modified soil type slower groundwater velocity Modified some partition co-efficients Changed leaching tests Adopted a 2-dimensional steady-state solution for saturated transport lower standards for some inorganic compounds (Cd, Cu, Pb, Zn) Updated biodegradation rates lower standards for BTEX Excluded decay for PCE, TCE Selected Contaminants of Concern Wildlands Agricultural Residential Substance Commercial/ Industrial Old New Old New Old New Old New Chloride 90 100 35 40 35 40 90 100 Sodium 200 200 200 200 200 200 1,000 1,000 Benzene 0.04 0.03 0.04 0.03 0.04 0.03 0.04 0.03 1 10 1 10 1 10 7 10 Toluene 1.5 0.3 1.5 0.3 1.5 0.3 2.5 0.3 Xylenes 5 4.5 0.1 4.5 5 4.5 20 4.5 Ethylbenze ne Vapour Standards Developed vapour standards for parkades Not a defined landuse under CSR Parking of multiple motor vehicles, excluding residential properties Enclosed building/storey of a building Tweaked the exposure terms AL/RL/PL – ET = 1.0 (i.e. 24/7/365 exposure) CL – ET = 0.33 IL – ET = 0.11 Parkade – ET = 0.125 Soil Relocation Agreements Procedural and definition changes Removed Schedule 7 If soil is contaminated, based on the source site, a SRA will be required For receiving site: use the lowest applicable landuse standards Can use local background concentrations Can compare leachate tests to water quality standards Can use risk-based standards Interim step, looking at new system New & Emerging Contaminants Some brand new substances, some changed due to new toxicity data or fate/transport data Adopted some from federal guidelines Water Quality Guidelines 1. 2. 3. 4. 5. 6. EE2 (synthetic estrogen) Nonylphenol DIPA Sulpholane Alkylated PAHs PFOS, PFOA (stain/water repellants, fire-resistant) 1. Perfluoroctanesulfonate 2. Perfluoroctanoic Acid Soil Standards 1. 2. 3. 4. 5. 6. 7. 8. Permethrin 1,4-dioxane PFOS/PFOA Sulpholane DIPA Methylnapthalene EE2 Nonylphenol & nonylphenol ethoxylate (surfactants) Recap Consolidated old schedules New standards New potential contaminants of concern Fully in effect on November 1, 2017