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Subpart 375-6: Remedial Program Soil Cleanup Objectives

(Environmental Conservation Law (ECL) article 1, section 0101; ECL article 27, titles 13 and 14; ECL article 52, title 3; ECL article 56, title 5; ECL article 71, title 36; ECL article 3, section 0301; chapter 1, laws of 2003; chapter 577, laws of 2004 and State Finance Law article 6, section 97-b)

[Effective December 14, 2006]

[page 1 of 1]

Contents:

Sec.

§375-6.1 Purpose; applicability.

(a) This subpart applies to the development and implementation of the remedial programs for soil and other media set forth in subparts 375-2 through 375-4.

(b) This subpart includes the soil cleanup objective tables developed pursuant to ECL 27-1415(6).

§375-6.2 Definitions.

(a) "Contract required quantitation limit" or "CRQL" means the minimum level of quantitation acceptable for Department analytical services contracts. The value represents minimum quantitation limits, not absolute detection limits. The minimum quantitation limit is the lowest level at which the analytical instrument can determine the concentration of a chemical that exists in the sample. The detection limit is the minimum level at which the analytical instrument can confirm the presence of the chemical in the sample. At the detection limit, the analytical instrument can confirm that there is some amount of the chemical in the sample but can not determine the concentration that exists with certainty.

(b) "Technical Support Document" means the "New York State Brownfield Cleanup Program Development of Soil Cleanup Objectives Technical Support Document" dated September 2006, which is the document that presents the assumptions, rationale, algorithms and calculations utilized by the Department and the New York State Department of Health to develop the soil cleanup objectives in ECL 27-1415(6).

§375-6.3 Unrestricted use soil cleanup objectives.

(a) Applicability. The unrestricted use soil cleanup objectives represent the concentration of a contaminant in soil which, when achieved at a site, will require no use restrictions on the site for the protection of public health, groundwater and ecological resources due to the presence of contaminants in the soil.

(b) Soil cleanup objectives.

(1) The calculated values for the protection of groundwater, ecological resources and public health were considered in developing the unrestricted use soil cleanup objectives. The unrestricted soil cleanup objectives in Table 375-6.8(a) represent the lowest of the three values for protection of groundwater, ecological resources and public health developed as set forth in ECL 27-1415(6).

(2) Unrestricted use, as set forth in subparagraph 375-1.8(g)(1)(i), is achieved when a remedial program for soil meets the unrestricted use soil cleanup objectives in Table 375-6.8(a).

§375-6.4 Restricted use soil cleanup objectives for the protection of public health.

(a) Applicability. A protection of public health soil cleanup objective is applicable for the protection of public health at every restricted use site where contamination has been identified in soil above the residential use soil cleanup objectives for a compound included in Table 375-6.8(b), and the Department has determined that remediation is required to protect public health.

(b) Soil cleanup objectives. Protection of public health soil cleanup objectives have been developed for:

(1) Residential use, as set forth in subparagraph 375-1.8(g)(2)(i). The residential use soil cleanup objectives are presented in the protection of public health-residential use column of Table 375-6.8(b).

(2) Restricted-residential use, as set forth in subparagraph 375-1.8(g)(2)(ii). The restricted- residential use soil cleanup objectives are presented in the protection of public health, restricted-residential use column of Table 375-6.8(b).

(3) Commercial use, as set forth in subparagraph 375-1.8(g)(2)(iii). The commercial use soil cleanup objectives are presented in the protection of public health-commercial use column of Table 375-6.8(b).

(4) Industrial use, as set forth in subparagraph 375-1.8(g)(2)(iv). The industrial use soil cleanup objectives are presented in the protection of public health-industrial use column of Table 375-6.8(b).

(c) Selection of the restricted use soil cleanup objectives. In addition to the protection of public health soil cleanup objective for the identified use of the site, protection of groundwater and ecological resources soil cleanup objectives shall be considered where applicable. The contaminant-specific soil cleanup objectives for the soil cleanup component of the remedial program shall be the lowest of the applicable contaminant-specific soil cleanup objectives which are identified for the site as set forth in paragraphs (1) through (3) below.

(1) The protection of groundwater soil cleanup objectives in Table 375-6.8(b) will be applicable to the site and evaluated in determining the soil cleanup objectives for a site as set forth in section 375-6.5.

(2) The protection of ecological resources soil cleanup objectives in Table 375-6.8(b) will be applicable to the site and evaluated in determining the soil cleanup objectives in section 375-6.6

(3) The protection of public health soil cleanup objective for the current, intended and reasonably anticipated future use of the site in Table 375-6.8(b) will be applicable and evaluated in determining the soil cleanup objectives for every site, unless a site-specific soil cleanup objective is proposed.

§375-6.5 Soil cleanup objectives for the protection of groundwater.

(a) Applicability. Except as provided in paragraph (1) and (2) below, the protection of groundwater soil cleanup objectives are applicable at restricted use sites where contamination has been identified in on-site soil by the remedial investigation and groundwater standards are, or are threatened to be, contravened by the presence of soil contamination at concentrations above the protection of groundwater soil cleanup objectives.

(1) The protection of groundwater soil cleanup objectives may not be applicable where:

(i) the groundwater standard contravention is the result of an on-site source which is addressed by the remedial program;

(ii) an environmental easement will be put in place which provides for a groundwater use restriction on the site as set forth in paragraph 375-1.8(h)(2);

(iii) the Department determines that contaminated groundwater at the site:

(a) is not migrating, or likely to migrate, off-site; or

(b) is migrating, or is likely to migrate, off-site, however, the remedy includes controls or treatment to address off-site migration; and

(iv) the Department determines the groundwater quality will improve over time.

(2) The protection of groundwater soil cleanup objectives are not applicable if the contravention of groundwater standards at the site is determined to be the result of an off-site source, as set forth in paragraph 375-1.8(d)(2).

(b) Soil cleanup objectives. The protection of groundwater soil cleanup objectives are in Table 375-6.8(b) in the protection of groundwater column.

§375-6.6 Soil cleanup objectives for the protection of ecological resources.

(a) Applicability. The soil cleanup objectives for protection of ecological resources must be considered and applied as set forth in this section for the upland soils at sites where terrestrial flora and fauna and the habitats that support them are identified.

(1) Protection of ecological resources soil cleanup objectives apply to sites or portions of sites where the Department determines:

(i) ecological resources at or adjacent to a site, as set forth in subdivision 375-6.6(b):

(a) are present, or will be present under the reasonably anticipated future use of the site; and

(b) constitute an important component of the environment at, or in the vicinity of, the site;

(ii) an impact or threat to the ecological resource has been identified as set forth in subdivision 375-6.6(c); and

(iii) soil contaminant concentrations exceed the protection of ecological resources soil cleanup objectives, as set forth in subdivision 375-6.6(d).

(2) Protection of ecological resources soil cleanup objectives do not and/or will not apply to:

(i) sites or portions of sites where the condition of the land (e.g., paved, covered by impervious surfaces, buildings and other structures) precludes the existence of an ecological resource which constitutes an important component of the environment;

(ii) protection of the aquatic environment; or

(iii) such non-wild biota as:

(1) pets or livestock;

(2) agricultural or horticultural crops; and

(3) landscaping in developed areas.

(b) Identification of ecological resources. The presence of ecological resources shall be determined during the investigation of a site.

(1) The remedial party for a remedial program undertaken pursuant to either subparts 375-2 or 375-4 shall conduct an ecological resource characterization as part of a fish and wildlife impact analysis according to Department guidance to document the presence of fish, wildlife, plants and habitats both on and adjacent to the site.

(2) The remedial party for a remedial program undertaken pursuant to subpart 375-3 shall conduct a resource characterization as part of the qualitative exposure assessment required by ECL 27-1415(2)(b) and in accordance with Department guidance to document the presence of fish, wildlife, plants and habitats both on and adjacent to the site.

(3) The Department shall determine whether the characterization conducted as set forth in paragraphs (1) and (2) above:

(i) has identified ecological resources to be present at or adjacent to a site, or a portion thereof; and

(ii) if such ecological resources constitute an important component of the environment at, or in the vicinity of, the site.

(c) Consideration of impact or threat of impact. If ecological resources that constitute an important component of the environment at, or adjacent to, the site are determined to be present the protection of ecological resources soil cleanup objectives must be considered in the remedial program for the site.

(1) An impact or threat of impact exists when:

(i) a threat to the environment exists, as set forth in subparagraphs 375-2.7(a)(1)(i) to (iv), as a result of contaminants in the soil of the site, unless the Department determines that a more stringent cleanup is necessary to met the requirements of subdivision 375-2.8(a) and paragraph 375-2.8(b)(1); or

(ii) an ecological resource is, or is potentially, impacted by contaminants in the soil of the site.

(d) Soil cleanup objectives. The protection of ecological resources soil cleanup objectives are the same for both unrestricted and restricted use and are incorporated in the soil cleanup objective tables.

(1) For an unrestricted use site, Table 375-6.8(a) presents the lower of the protection of groundwater, ecological resources and unrestricted public health soil cleanup objectives, as calculated and presented in the Technical Support Document.

(2) For a restricted use site, Table 375-6.8(b) includes a protection of ecological resources column, which is applicable to a site regardless of the identified use, as set forth in subdivision (a) above.

(3) Protection of ecological resources soil cleanup objectives were not developed for contaminants identified in Table 375-6.8(b) as "NS". For such contaminants, the applicant may be required to calculate a protection of ecological resources soil cleanup objective for any site, as set forth in section 375-6.9.

§375-6.7 Other considerations and media.

(a) Soil vapor and vapor intrusion.

(1) The soil cleanup objectives presented in this subpart do not account for the impact of concentrations of contaminants in soil relative to soil vapor or vapor intrusion attributable to a remedial site.

(2) The nature and extent of any contamination of the soil vapor media, if present at the site, will be evaluated by the remedial investigation.

(3) The remedy will be protective for soil vapor and vapor intrusion and shall address through appropriate removal or engineering controls the migration of contaminants in soil and groundwater at levels which could impact the indoor air of buildings.

(b) Surface water and sediments.

(1) The soil cleanup objectives presented in this subpart do not account for the impact of contaminants in soil relative to surface water and surface water sediments attributable to a remedial site.

(2) The nature and extent of any contamination of the surface water and sediment, if present at the site, will be evaluated by the remedial investigation.

(3) The remedy for a site will eliminate or mitigate the threat to public health and the environment from contaminated surface water and surface water sediments and shall, to the extent feasible:

(i) remove, contain or treat the source of a discharge of contaminants from the site to the surface water and sediments;

(ii) address through appropriate removal or engineering controls the migration of contaminants in soil and groundwater at levels which could impact the water quality or adversely impact the sediments of a surface water body on or adjacent to the site; and

(iii) remove, contain or treat the impacted surface water and surface water sediments based upon the cleanup objectives developed for the remedial program.

(c) Adjacent residential properties.

(1) The soil cleanup objectives presented for commercial or industrial use in this subpart do not directly account for the impact of concentrations of contaminants in soil relative to adjacent residential properties attributable to a remedial site.

(2) The remedy for a site using the commercial or industrial soil cleanup objectives will be protective of adjacent residential properties and shall address, through appropriate removal or engineering controls, the migration of contaminants in soil which could impact residential properties adjacent to the site.

(d) Soil covers and backfill.

(1) Soil brought to the site for use as a soil cover or backfill must:

(i) be comprised of soil or other unregulated material as set forth in Part 360 of this title;

(ii) not exceed the applicable soil cleanup objectives for the use of the site, as set forth in Tables 375-6.8(a) or (b), as follows:

(a) for unrestricted use sites, as set forth in Table 375-6.8(a);

(b) for residential, restricted-residential, and commercial use sites use the lower of the protection of groundwater or the protection of public health soil cleanup objectives, for the identified use of the site as set forth in Table 375-6.8(b);

(c) for industrial use sites, use the lower of the protection of groundwater or the protection of public health soil cleanup objectives for commercial use as set forth in Table 375-6.8(b);

(d) for restricted use sites where an ecological resource that constitutes an important component of the environment is determined to be present, the protection of ecological resources soil cleanup objective must also be considered, so as not to preclude the growth and development of plants and soil dwelling organisms nor inhibit the activity of burrowing organisms; or

(e) a site specific modification to a soil cleanup objective, as set forth in subdivision 375-6.9(c), may also be utilized in compliance with clauses (ii)(a) through (d) above.

(2) Analytical data is required to demonstrate that the material complies with the requirements of paragraph (1) above. The number of samples required to confirm compliance will be approved in the work plan. The Department may issue a site specific exemption for the analytical testing requirements, based upon documentation of the origin and composition of the material.

(3) The Department may issue a site specific exemption for one or more of the requirements set forth in paragraph (1) above, based upon site specific conditions, including but not limited to, the following:

(i) the use and redevelopment of the site;

(ii) the depth of placement of the backfill material;

(iii) the depth of placement of the backfill material relative to groundwater;

(iv) the volume of backfill material;

(v) the potential for odor from the backfill material;

(vi) the presence of historic fill in the vicinity of the site;

(vii) a Department issued beneficial use determination, pursuant to Part 360 of this title; or

(viii) background levels of contamination in areas surrounding the site.

§375-6.8 Soil cleanup objective tables.

(a) Unrestricted use soil cleanup objectives.

Table 375-6.8(a):Unrestricted Use Soil Cleanup Objectives
Contaminant CAS Number Unrestricted Use
Metals
Arsenic 7440-38-2 13 c
Barium 7440-39-3 350 c
Beryllium 7440-41-7 7.2
Cadmium 7440-43-9 2.5 c
Chromium, hexavalent e 18540-29-9 1b
Chromium, trivalent e 16065-83-1 30 c
Copper 7440-50-8 50
Total Cyanide e, f 27
Lead 7439-92-1 63 c
Manganese 7439-96-5 1600 c
Total Mercury 0.18 c
Nickel 7440-02-0 30
Selenium 7782-49-2 3.9c
Silver 7440-22-4 2
Zinc 7440-66-6 109 c
PCBs/Pesticides
2,4,5-TP Acid (Silvex)f 93-72-1 3.8
4,4'-DDE 72-55-9 0.0033 b
4,4'-DDT 50-29-3 0.0033 b
4,4'-DDD 72-54-8 0.0033 b
Aldrin 309-00-2 0.005 c
alpha-BHC 319-84-6 0.02
beta-BHC 319-85-7 0.036
Chlordane (alpha) 5103-71-9 0.094
delta-BHC g 319-86-8 0.04
Dibenzofuran f 132-64-9 7
Dieldrin 60-57-1 0.005c
Endosulfan Id, f 959-98-8 2.4
Endosulfan IId, f 33213-65-9 2.4
Endosulfan sulfated, f 1031-07-8 2.4
Endrin 72-20-8 0.014
Heptachlor 76-44-8 0.042
Lindane 58-89-9 0.1
Polychlorinated biphenyls 1336-36-3 0.1
Semivolatile organic compounds
Acenaphthene 83-32-9 20
Acenapthylene f 208-96-8 100 a
Anthracene f 120-12-7 100 a
Benz(a)anthracene f 56-55-3 1c
Benzo(a)pyrene 50-32-8 1c
Benzo(b)fluoranthenef 205-99-2 1c
Benzo(g,h,i)perylene f 191-24-2 100
Benzo(k)fluoranthenef 207-08-9 0.8 c
Chrysene f 218-01-9 1c
Dibenz(a,h)anthracenef 53-70-3 0.33 b
Fluoranthene f 206-44-0 100 a
Fluorene 86-73-7 30
Indeno(1,2,3-cd)pyrene f 193-39-5 0.5 c
m-Cresol f 108-39-4 0.33 b
Naphthalene f 91-20-3 12
o-Cresol f 95-48-7 0.33 b
p-Cresol f 106-44-5 0.33 b
Pentachlorophenol 87-86-5 0.8b
Phenanthrene f 85-01-8 100
Phenol 108-95-2 0.33b
Pyrenef 129-00-0 100
Volatile organic compounds
1,1,1-Trichloroethane f 71-55-6 0.68
1,1-Dichloroethane f 75-34-3 0.27
1,1-Dichloroethenef 75-35-4 0.33
1,2-Dichlorobenzenef 95-50-1 1.1
1,2-Dichloroethane 107-06-2 0.02c
cis -1,2-Dichloroethene f 156-59-2 0.25
trans-1,2-Dichloroethene f 156-60-5 0.19
1,3-Dichlorobenzenef 541-73-1 2.4
1,4-Dichlorobenzene 106-46-7 1.8
1,4-Dioxane 123-91-1 0.1 b
Acetone 67-64-1 0.05
Benzene 71-43-2 0.06
n-Butylbenzene f 104-51-8 12
Carbon tetrachloride f 56-23-5 0.76
Chlorobenzene 108-90-7 1.1
Chloroform 67-66-3 0.37
Ethylbenzenef 100-41-4 1
Hexachlorobenzene f 118-74-1 0.33b
Methyl ethyl ketone 78-93-3 0.12
Methyl tert-butyl ether f 1634-04-4 0.93
Methylene chloride 75-09-2 0.05
n - Propylbenzene f 103-65-1 3.9
sec-Butylbenzene f 135-98-8 11
tert-Butylbenzenef 98-06-6 5.9
Tetrachloroethene 127-18-4 1.3
Toluene 108-88-3 0.7
Trichloroethene 79-01-6 0.47
1,2,4-Trimethylbenzene f 95-63-6 3.6
1,3,5-Trimethylbenzenef 108-67-8 8.4
Vinyl chloridef 75-01-4 0.02
Xylene (mixed) 1330-20-7 0.26

All soil cleanup objectives (SCOs) are in parts per million (ppm).

Footnotes

a The SCOs for unrestricted use were capped at a maximum value of 100 ppm. See Technical Support Document (TSD), section 9.3.

b For constituents where the calculated SCO was lower than the contract required quantitation limit (CRQL), the CRQL is used as the Track 1 SCO value.

c For constituents where the calculated SCO was lower than the rural soil background concentration, as determined by the Department and Department of Health rural soil survey, the rural soil background concentration is used as the Track 1 SCO value for this use of the site.

d SCO is the sum of endosulfan I, endosulfan II and endosulfan sulfate.

e The SCO for this specific compound (or family of compounds) is considered to be met if the analysis for the total species of this contaminant is below the specific SCO.

f Protection of ecological resources SCOs were not developed for contaminants identified in Table 375-6.8(b) with "NS". Where such contaminants appear in Table 375-6.8(a), the applicant may be required by the Department to calculate a protection of ecological resources SCO according to the TSD.

(b) Restricted use soil cleanup objectives.

Table 375-6.8(b): Restricted Use Soil Cleanup Objectives
Contaminant CAS
Number
Protection of Public Health Protection
of
Ecological
Resources
Protection
of
Ground-
water
Residential Restricted-
Residential
Commercial Industrial
Metals
Arsenic 7440-38-2 16f 16f 16f 16f 13f 16f
Barium 7440-39-3 350f 400 400 10,000 d 433 820
Beryllium 7440-41-7 14 72 590 2,700 10 47
Cadmium 7440-43-9 2.5f 4.3 9.3 60 4 7.5
Chromium, hexavalent h 18540-29-9 22 110 400 800 1e 19
Chromium, trivalenth 16065-83-1 36 180 1,500 6,800 41 NS
Copper 7440-50-8 270 270 270 10,000 d 50 1,720
Total Cyanide h 27 27 27 10,000 d NS 40
Lead 7439-92-1 400 400 1,000 3,900 63f 450
Manganese 7439-96-5 2,000f 2,000f 10,000 d 10,000 d 1600f 2,000f
Total Mercury 0.81j 0.81j 2.8j 5.7j 0.18f 0.73
Nickel 7440-02-0 140 310 310 10,000 d 30 130
Selenium 7782-49-2 36 180 1,500 6,800 3.9f 4f
Silver 7440-22-4 36 180 1,500 6,800 2 8.3
Zinc 7440-66-6 2200 10,000 d 10,000 d 10,000 d 109f 2,480
PCBs/Pesticides
2,4,5-TP Acid (Silvex) 93-72-1 58 100a 500b 1,000c NS 3.8
4,4'-DDE 72-55-9 1.8 8.9 62 120 0.0033 e 17
4,4'-DDT 50-29-3 1.7 7.9 47 94 0.0033 e 136
4,4'-DDD 72-54-8 2.6 13 92 180 0.0033 e 14
Aldrin 309-00-2 0.019 0.097 0.68 1.4 0.14 0.19
alpha-BHC 319-84-6 0.097 0.48 3.4 6.8 0.04g 0.02
beta-BHC 319-85-7 0.072 0.36 3 14 0.6 0.09
Chlordane (alpha) 5103-71-9 0.91 4.2 24 47 1.3 2.9
delta-BHC 319-86-8 100a 100a 500b 1,000c 0.04g 0.25
Dibenzofuran 132-64-9 14 59 350 1,000c NS 210
Dieldrin 60-57-1 0.039 0.2 1.4 2.8 0.006 0.1
Endosulfan I 959-98-8 4.8i 24i 200i 920i NS 102
Endosulfan II 33213-65-9 4.8i 24i 200i 920i NS 102
Endosulfan sulfate 1031-07-8 4.8i 24i 200i 920i NS 1,000c
Endrin 72-20-8 2.2 11 89 410 0.014 0.06
Heptachlor 76-44-8 0.42 2.1 15 29 0.14 0.38
Lindane 58-89-9 0.28 1.3 9.2 23 6 0.1
Polychlorinated biphenyls 1336-36-3 1 1 1 25 1 3.2
Semivolatiles
Acenaphthene 83-32-9 100a 100a 500b 1,000c 20 98
Acenapthylene 208-96-8 100a 100a 500b 1,000c NS 107
Anthracene 120-12-7 100a 100a 500b 1,000c NS 1,000c
Benz(a)anthracene 56-55-3 1f 1f 5.6 11 NS 1f
Benzo(a)pyrene 50-32-8 1f 1f 1f 1.1 2.6 22
Benzo(b)fluoranthene 205-99-2 1f 1f 5.6 11 NS 1.7
Benzo(g,h,i)perylene 191-24-2 100a 100a 500b 1,000c NS 1,000c
Benzo(k)fluoranthene 207-08-9 1 3.9 56 110 NS 1.7
Chrysene 218-01-9 1f 3.9 56 110 NS 1f
Dibenz(a,h)anthracene 53-70-3 0.33e 0.33e 0.56 1.1 NS 1,000c
Fluoranthene 206-44-0 100a 100a 500b 1,000c NS 1,000c
Fluorene 86-73-7 100a 100a 500b 1,000c 30 386
Indeno(1,2,3-cd)pyrene 193-39-5 0.5f 0.5f 5.6 11 NS 8.2
m-Cresol 108-39-4 100a 100a 500b 1,000c NS 0.33e
Naphthalene 91-20-3 100a 100a 500b 1,000c NS 12
o-Cresol 95-48-7 100a 100a 500b 1,000c NS 0.33e
p-Cresol 106-44-5 34 100a 500b 1,000c NS 0.33e
Pentachlorophenol 87-86-5 2.4 6.7 6.7 55 0.8e 0.8e
Phenanthrene 85-01-8 100a 100a 500b 1,000c NS 1,000c
Phenol 108-95-2 100a 100a 500b 1,000c 30 0.33e
Pyrene 129-00-0 100a 100a 500b 1,000c NS 1,000c
Volatiles
1,1,1-Trichloroethane 71-55-6 100a 100a 500b 1,000c NS 0.68
1,1-Dichloroethane 75-34-3 19 26 240 480 NS 0.27
1,1-Dichloroethene 75-35-4 100a 100a 500b 1,000c NS 0.33
1,2-Dichlorobenzene 95-50-1 100a 100a 500b 1,000c NS 1.1
1,2-Dichloroethane 107-06-2 2.3 3.1 30 60 10 0.02f
cis-1,2-Dichloroethene 156-59-2 59 100a 500b 1,000c NS 0.25
trans-1,2-Dichloroethene 156-60-5 100a 100a 500b 1,000c NS 0.19
1,3-Dichlorobenzene 541-73-1 17 49 280 560 NS 2.4
1,4-Dichlorobenzene 106-46-7 9.8 13 130 250 20 1.8
1,4-Dioxane 123-91-1 9.8 13 130 250 0.1e 0.1e
Acetone 67-64-1 100a 100b 500b 1,000c 2.2 0.05
Benzene 71-43-2 2.9 4.8 44 89 70 0.06
Butylbenzene 104-51-8 100a 100a 500b 1,000c NS 12
Carbon tetrachloride 56-23-5 1.4 2.4 22 44 NS 0.76
Chlorobenzene 108-90-7 100a 100a 500b 1,000c 40 1.1
Chloroform 67-66-3 10 49 350 700 12 0.37
Ethylbenzene 100-41-4 30 41 390 780 NS 1
Hexachlorobenzene 118-74-1 0.33e 1.2 6 12 NS 3.2
Methyl ethyl ketone 78-93-3 100a 100a 500b 1,000c 100a 0.12
Methyl tert-butyl ether 1634-04-4 62 100a 500b 1,000c NS 0.93
Methylene chloride 75-09-2 51 100a 500b 1,000c 12 0.05
n-Propylbenzene 103-65-1 100a 100a 500b 1,000c NS 3.9
sec-Butylbenzene 135-98-8 100a 100a 500b 1,000c NS 11
tert-Butylbenzene 98-06-6 100a 100a 500b 1,000c NS 5.9
Tetrachloroethene 127-18-4 5.5 19 150 300 2 1.3
Toluene 108-88-3 100a 100a 500b 1,000c 36 0.7
Trichloroethene 79-01-6 10 21 200 400 2 0.47
1,2,4-Trimethylbenzene 95-63-6 47 52 190 380 NS 3.6
1,3,5- Trimethylbenzene 108-67-8 47 52 190 380 NS 8.4
Vinyl chloride 75-01-4 0.21 0.9 13 27 NS 0.02
Xylene (mixed) 1330-20-7 100a 100a 500b 1,000c 0.26 1.6

All soil cleanup objectives (SCOs) are in parts per million (ppm). NS=Not specified. See Technical Support Document (TSD). Footnotes

a The SCOs for residential, restricted-residential and ecological resources use were capped at a maximum value of 100 ppm. See TSD section 9.3.

b The SCOs for commercial use were capped at a maximum value of 500 ppm. See TSD section 9.3.

c The SCOs for industrial use and the protection of groundwater were capped at a maximum value of 1000 ppm. See TSD section 9.3.

d The SCOs for metals were capped at a maximum value of 10,000 ppm. See TSD section 9.3.

e For constituents where the calculated SCO was lower than the contract required quantitation limit (CRQL), the CRQL is used as the SCO value.

f For constituents where the calculated SCO was lower than the rural soil background concentration as determined by the Department and Department of Health rural soil survey, the rural soil background concentration is used as the Track 2 SCO value for this use of the site.

g This SCO is derived from data on mixed isomers of BHC.

h The SCO for this specific compound (or family of compounds) is considered to be met if the analysis for the total species of this contaminant is below the specific SCO.

i This SCO is for the sum of endosulfan I, endosulfan II, and endosulfan sulfate.

j This SCO is the lower of the values for mercury (elemental) or mercury (inorganic salts). See TSD Table 5.6-1.

§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) 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), 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 paragraphs 375-3.8(e)(3) or (4), respectively; or

(ii) subparts 375-2 and 375-4, as set forth in subparagraph 375-2.8(b)(1)(iii) and subparagraph 375-4.8(c)(1)(iii).

(3) Protection of ecological resources soil cleanup objectives were not developed for certain contaminants, which are identified in Table 375-6.8(b) 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); 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), with the exception of metals, as set forth in paragraph (3) below, 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. 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 Tables 675-6.8(a) and (b)1 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 paragraphs 375-3.8(e)(3) or (4), respectively; or

(ii) subparts 375-2 and 375-4, as set forth in subparagraph 375-2.8(b)(1)(ii) and subparagraph 375-4.8(c)(1)(ii).

(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) below.

(1) Contaminant-specific soil cleanup objectives developed for contaminants not included in Tables 375-6.8(a) and (b), as set forth in subdivision 375-6.9(b) above, 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 375-6.9(e) above, may be utilized at sites manifesting similar parameters, if approved by the Department.


1So in the original, should read "Tables 375-6.8(a) and (b)".