IDEM ‘Contained-in’ Policy

Contained-in Policy

• Established to clarify RCRA hazardous waste regulations.

• To facilitate site cleanup activities.

Contained-in Policy

• U.S. Environmental Protection Agency (U.S. EPA) ‘Contained-in Policy’

– Soil and ground water that does not contain ‘listed’ hazardous waste, and which is not otherwise hazardous, is not subject to RCRA regulation.

Contained-in Policy

• A determination as to whether or not a ‘listed’ waste is contained in soil or ground water may be made by authorized states based on whether constituents from ‘listed’ waste are below health-based levels.

Contained-in Policy

• IDEM’s position is that contamination levels specified in the RISC system represent appropriate health-based levels for determining if soil or ground water contain ‘listed’ hazardous waste.

Contained-in Policy

• If media contains hazardous waste from a ‘listed’ source, it is a ‘listed’ hazardous waste.

• Unlike characteristic hazardous waste, ‘listed’ hazardous waste has no lower cutoff concentration.

Contained-in Policy

• Early on – tested with confidence to ppm level.

• Currently analyzing down to ppt level with some confidence.

• What would have been a non-detect sample years ago can now be considered to be a hazardous waste due to the advances in technology.

Contained-in Restrictions

• IDEM policy only covers environmental media.

– soil and ground water.

• Cannot be used when media exhibits a hazardous characteristic.

• Media still has to meet LDR requirements if applicable. (See 40 CFR 268.49)

Issues With Contained-in

• Treatment of a waste to meet contained-in levels.

– Excavating for the purpose of treatment would trigger RCRA.

– Treatment might require a permit.

– In situ treatment would not trigger RCRA.

• Differing opinions on what is in situ treatment…

Confirmatory Samples

• Opposite from what remediation programs normally ask for…

• The Contained-in is interested in ensuring that wastes do not exceed the contained-in exit criteria.

• No ‘hot’ loads going off under the contained-in.

• Representative sampling of materials.

• Can impede live loading.

Contained-in Policy

• IDEM is still using the RISC Default Closure Tables when evaluating the contained-in requests.

• Currently using nonrule policy document Waste-0052-NPD (January 23, 2007).

Contained-in Policy

• IDEM is not yet using the Remediation Closure Guide (RCG) Soil Screening Levels.

• That revised nonrule policy document is in the works…

Contained-in Requests

• Two types of contained-in requests generally submitted for review:

– Investigation Derived Wastes.

– Remediation Wastes.

Investigation Derived Wastes (IDW) Requests

• Generally soil cuttings/borings or purge water/development water.

• After the first wastes are approved, can also approve options for additional like wastes.

• Generally approved for a period of two years.

Remediation Wastes

• Generally one-time – episodic wastes.

• Approval can be given for an amount and/or for a one-time generation.

• Not generally open-ended approval.

Contained-in Policy

• Contained-in approval will generally state what the options are for disposing of your waste.

• Multiple disposal options may be listed depending on the contaminant concentrations.

General Ground Water Options

• Meet Industrial Ground Water Default levels and can manage ground water at a unit subject to the Clean Water Act.

• Meet the Industrial Soil Direct levels and the ground water can be solidified and managed as a permitted municipal solid waste landfill.

Soil

• If the soil meets the Industrial Soil Direct Contact levels, soil can be disposed in a permitted municipal solid waste landfill.

• If the soil fails to meet the exit criteria, it is a hazardous waste and is subject to regulation under 329 IAC 3.1.

Potential Issues With Requests

• Sample data.

• Site maps and sampling maps.

• Estimated amounts of wastes.

Sample Data

• Amount of data.

• Relevance to waste.

• Age of data.

• QA/QC.

Site Map

• Should include a map of the site that included containing the areas to be excavated and the sample locations.

Estimated Amount of Waste

• Please try to be close with the amount of waste you are including in the request.

• I have seen:

– Very small areas to be excavated with an over-the-top amount of waste.

– Consultants come back and say that they underestimated the amounts.

Contained-in Processing Time

• The time needed to evaluate the contained-in request varies with each site.

• If all necessary information is included, the request can be processed quickly.

• Submitting electronically saves time and paper.

• Generally less than the standard 30 days that used to be the rule.

• Please do not ask for an expedited review for a planned event.

Contained-in Policy

• Other Options

– Case-by-case basis.

– Facilities develop site specific risk analyses to establish non-default exit levels.

Contained-in Policy

Nonrule Policy Document: Waste-0052-NPD

www.idem.IN.gov/4694.htm#land

Contact Information

• John Naddy

Compliance and Response Branch

Office of Land Quality

Indiana Department of Environmental Mgmt

(317) 233-0404

jnaddy@idem.IN.gov

Contained-in Policy

• Questions?