WVDEP Revisions to the De Minimus Table within the Voluntary Remediation & Redevelopment Rule

The West Virginia 2014 Legislative session resulted in approved revisions to the De Minimis table 60-3B in the West Virginia Department of Environmental Protection (WVDEP) Voluntary Remediation & Redevelopment Rule.  The De Minimis table establishes cleanup standards that do not present a substantial risk to human health or ecological receptors and is used for voluntary clean-ups of contaminated sites entered into the Voluntary Remediation, Brownfields or Uniform Environmental Covenants Act programs.

The De Minimis table establishes cleanup standards (concentrations) for each of the listed contaminants for soil, groundwater and migration of contamination from soil to groundwater.  When contaminant concentrations exceed the standard, the site must either undergo remediation or a site-specific risk assement would be required to determine that existing contaminants do not present an unacceptable risk to potential receptors.

The revised De Minimis table will go into effect June 1, 2014.  The cleanup standards in the table were modified to reflect recent scientific changes in the toxicological profiles used in developing the De Minimis risk-based cleanup standards.  Most of the standards remain unchanged; however, some of the standards increase, while others decrease.

If you have an ongoing project within the Voluntary Remediation, Brownfields or Uniform Environmental Covenants Act programs as of June 1, 2014, the Licensed Remediation Specialist overseeing the project will be required by the WVDEP to re-screen existing soil and groundwater analytical data against the revised De Minimis standards.  If the site has new contaminants that exceed De Minimus screening levels based upon the revised table; those changes could result in performing a new human health and ecological risk assessment for the new contaminants that now exceed De Minimus standards and/or changing the remedial action plan (RAP) for the site.

Bill Chambers is a Senior Environmental Consultant with Steptoe & Johnson. He is a Licensed Remediation Specialist (L.R.S.) registered with the West Virginia Department of Environmental Protection for managing projects under the Voluntary Remediation/Brownfields programs and Uniform Environmental Covenants Act program. Mr. Chambers has performed Phase I and Phase II environmental site assessments throughout the United States.He is a former Assistant Chief with the West Virginia Department of Natural Resources (1981-1986), overseeing coal mine permitting.
 
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