Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.13 - Special Requirements for Managing Arsenic in Soil

Current through June 14, 2024
§ 1.13 of this Part shall only apply for the
					 investigation and remediation of Source Area(s) involving only exceedances of
					 the contaminant arsenic. All other exceedances and reportable contaminants of
					 concern shall be addressed as required elsewhere in these regulations.
1.13.1
Background
A. Arsenic is a naturally occurring element
				  in soil. Because background levels for arsenic across the state have been
				  determined to be above the calculated risk-based value, per §1.9.1 of this
				  Part, the Method 1 Residential, and Industrial/Commercial Exposure Criterion
				  are set at 7.0 ppm. This value represents the 95th percent upper confidence
				  limit when natural background data across the state are statistically
				  evaluated. Based on the numerous samples evaluated by the Department in making
				  this determination, and the prevalence of arsenic in the environment, the
				  special requirements of §
											1.13 of this Part shall
				  apply to address arsenic in soil.
B. Plan and Approval Requirements
1. The Performing Party shall:
a. Notify the Department of the Release in
				  accordance with §
												1.6 of this Part;
b. Obtain property Owner approval to complete
				  all investigation and remedial work required;
c. Public Notice - Provide public notice to
				  all abutters prior to commencing remedial measures required by §1.13.4 of
				  this Part. Public notice shall include, at a minimum, proposed remedial
				  measures to be implemented under §1.13.4 of this Part, approximate
				  schedule, and contact information of the Performing Party. For
				  Contaminated-Sites where exceedances of the arsenic standard is the only known
				  contaminant of concern, public notice under this provision shall constitute
				  full Public Involvement, as otherwise required by §1.8.7 of this Part,
				  except for locations identified in §1.8.7(A)(3) of this Part.
d. Implement and complete the applicable
				  remedial measures required by §1.13.4 of this Part.
e. Prior Department approval shall not be
				  required for remedial measures implemented under §§1.13.4(B)(1)
				  through (6) of this Part, and §§1.13.4(C)(1) through (4) of this
				  Part. Prior plan approval shall be required for implementing all other proposed
				  remedial measures under these rules.
f. File a post-closure report in both hard
				  copy and electronic format
(as specified by the Department) with the Department. The
					 report shall document:
(1) All
				  analytical results,
(2) Sampling
				  dates,
(3) Sample locations with
				  depths,
(4) Performing Party
				  certification specifying the specific remedial measures completed (i.e. Rule
				  #), and date,
(5) Performing Party
				  certification that public notice to abutters was completed, and
(6) Details of institutional controls
				  required (ELUR's per §1.13.6 of this Part if required).