HomeMy WebLinkAboutJ - 09 NYSDEC Updates from the Division of Remediation
MEMORANDUM
TO: Brownfield Cleanup Program Applicants, Remedial Parties,
DER Standby Contractors
FROM: Andrew Guglielmi, Director, Division of Environmental Remediation
DATE: November 2023
Re: DER-31; Green and Sustainable Remediation Initiative
______________________________________________________________________
Please Review these Updates from the New York State Department of Environmental
Conservation (NYSDEC) Division of Remediation (DER)
DER is providing additional guidance towards the implementation of DER-31 or the
Green and Sustainable Remediation (GSR) initiative
DER-31: Green Remediation provides the framework for DER's approach to remediating
sites in the context of the larger environment, a concept known as green remediation.
Green Remediation (or greener cleanups) is a more sustainable approach to cleaning up
contaminated sites. It considers all environmental effects of remedy implementation and
incorporates Best Management Practices (BMPs) to minimize environmental footprint of
remedial cleanups. It is intended to be a holistic approach which improves the overall
sustainability of remedial cleanups by promoting the use of more sustainable practices
and technologies. Such practices and technologies are less disruptive to the environment,
generate less waste, increase reuse and recycling, and emit fewer pollutants, including
greenhouse gases, to the atmosphere. The approach recognizes the potential for positive
economic and social benefits of site reuse and supports coordination of site reuse and
remediation to affect the most beneficial and sustainable reuse of the site.
https://www.dec.ny.gov/docs/remediation_hudson_pdf/der31.pdf
From new technologies to best management practices, GSR and climate resiliency should
be evaluated throughout all phases of the remedial process.
1. Beginning January 1, 2024, all work plans and reports submitted to NYSDEC
pursuant to one of the remedial programs under Part 375 shall address GSR
2. Beginning January 1, 2024, DER-10 certifications for workplans and reports will
be required as follows:
For a work plan:
“I ___________certify that I am currently a [NYS registered professional engineer
or Qualified Environmental Professional as defined in 6 NYCRR Part 375] and that
this Report [Remedial Design, Remedial Action Work Plan] was prepared in
accordance with all applicable statutes and regulations and in substantial
conformance with the DER Technical Guidance for Site Investigation and
Remediation (DER-10) and DER Green Remediation (DER-31).”;
For a report/design document:
“I ___________certify that I am currently a [NYS registered professional engineer
or Qualified Environmental Professional as defined in 6 NYCRR Part 375] and that
this Report [Remedial Design, Remedial Action Work Plan] was prepared in
accordance with all applicable statutes and regulations and in substantial
conformance with the DER Technical Guidance for Site Investigation and
Remediation (DER-10) and DER Green Remediation (DER-31) and that all
activities were performed in full accordance with the DER-approved work plan and
any DER-approved modifications.”;
3. DER is now using updated standard remedial elements for Remedial Design and
Green Remediation for sites with no design phase in its Decision Documents:
Remedial Design
“A remedial design program will be implemented to provide the details necessary for the
construction, operation, optimization, maintenance, and monitoring of the remedial
program. Green remediation principles and techniques will be implemented to the extent
feasible in the design, implementation, and site management of the remedy as per DER-
31. The major GSR components are as follows:
• Considering the environmental impacts of treatment technologies and remedy
stewardship over the long term;
• Reducing direct and indirect greenhouse gases, and other emissions;
• Increasing energy efficiency and minimizing use of non-renewable energy;
• Conserving and efficiently managing resources and materials;
• Reducing waste, increasing recycling, and increasing reuse of materials which
would otherwise be considered a waste;
• Maximizing habitat value and creating habitat when possible , including maximizing
the planting of trees, shrubs, and other carbon dioxide sinks in redevelopment;
• Fostering green and healthy communities and working landscapes which balance
ecological, economic, and social goals;
• Integrating the remedy with the end use where possible and encouraging green and
sustainable re-development; and
• Additionally, to incorporate GSR principles and techniques to the extent feasible in
the future development at this site, any future on-site buildings shall be constructed,
at a minimum, to meet the 2020 Energy Conservation Construction Code of New
York (or most recent edition) to improve energy efficiency as an element of
construction.
To evaluate the remedy with respect to GSR principles as part of the remedial design
program, a BMP assessment and an environmental footprint analysis will be completed
using an accepted environmental footprint analysis calculator such as SEFA
(Spreadsheets for Environmental Footprint Analysis, USEPA), SiteWise(TM) (available in
the Sustainable Remediation Forum [SURF] library), or a similar NYSDEC accepted tool.
Water consumption, greenhouse gas emissions, renewable and non -renewable energy
use, waste reduction and material use estimation, and goals for the project related to these
GSR metrics, as well as goals for minimizing community impacts, protecting habitats and
natural and cultural resources, and promoting environmental justice, will be incorporated
into the remedial design program, as appropriate. The project design specifications will
include detailed requirements, including implementation of BMPs, to achieve the GSR
goals. Further, progress with respect to GSR metrics will be tracked during implementation
of the remedial action and reported in the Final Engineering Report (FER), including a
comparison to the goals established during the remedial design program.
Additionally, the remedial design program will include a climate change vulnerability
assessment, to evaluate the impact of climate change on the project site and the proposed
remedy. Potential vulnerabilities associated with extreme weather events (e.g.,
hurricanes, lightning, heat stress and drought), flooding, and sea leve l rise will be
identified, and the remedial design program will incorporate measures to minimize the
impact of climate change on potential identified vulnerabilities.”
Green Remediation:
“For site where the remedy has no design phase such as Site Management or No
Further Action with Site Management add the following}
GSR principals and techniques will be implemented to the extent feasible in the site
management of the remedy as per DER-31. The major GSR components are as follows:
• Considering the environmental impacts of treatment technologies and remedy
stewardship over the long term;
• Reducing direct and indirect greenhouse gas and other emissions;
• Increasing energy efficiency and minimizing use of non-renewable energy;
• Conserving and efficiently managing resources and materials;
• Reducing waste, increasing recycling, and increasing reuse of materials which
would otherwise be considered a waste; and
• Incorporate GSR principles and techniques to the extent feasible in the future
development at this site. Any future on-site buildings shall be constructed, at a
minimum, to meet the 2020 Energy Conservation Construction Code of New York
(or most recent edition) to improve energy efficiency as an element of construction.
To promote implementation of GSR principles as part of the site management program,
an environmental footprint analysis using the accepted environmental footprint analysis
calculators referenced above (SEFA (Spreadsheets for Environmental Footprint Analysis,
USEPA), SiteWiseTM (available in the Sustainable Remediation Forum [SURF] library) or
similar Department accepted tool). Water consumption, greenhouse gas emissions,
renewable and non-renewable energy use, and waste reduction/material use will be
estimated. The goals for the project related to these GSR metrics, as well as goals for
minimizing community impacts, protecting habitats/natural and cultural resources, and
promoting environmental justice will be established for the site management activities, as
appropriate. Further, progress with respect to GSR metrics will be tracked and described
in periodic reports as part of the site management program. Opportunities to further reduce
the environmental footprint of the project will be identified as appropriate.
Additionally, the site management program will include an evaluation of the impact of
climate change on the project site and the engineering controls. Potential vulnerabilities
associated with extreme weather events (e.g., hurricanes, lightning, heat stress , and
drought, flooding) and sea level rise will be identified. The site management program will
include measures to minimize the impact of potential identified vulnerabilities.”
4. DER developed the attached fact sheet on In-situ Chemical Oxidation to help guide
implementation of GSR on sites involving this remedial technology.
Questions about GSR on a specific environmental cleanup should be directed to the DER
Project Manager. Questions about this guidance can be directed to Michael Cruden at
michael.cruden@dec.ny.gov or Sarah Saucier at sarah.saucier@dec.ny.gov
ec: DER Assistant Division Directors
DER Bureau Directors
DER Section Chiefs
Regional Engineer/Geologists
RHWREs
RSEs
DOH Director, Assistant Director and Regional Managers
C. Nieder, DFW
R. Quail, DFW
P. Evangelista, USEPA
D. Garbarini, USEPA
A. Everett, USEPA
INTRODUCTION
In Situ Chemical Oxidation (ISCO) is a remedial
technique that introduces a chemical oxidant into
the subsurface to oxidize contaminants as a
method of converting them to innocuous
byproducts such as carbon dioxide, chloride, or
water. In situ processes involve placement of
oxidants in direct contact with the contaminated
soil and groundwater and can be applied in the
saturated or unsaturated portion of the
subsurface.
The most common oxidants used for ISCO are
permanganate (MnO4-), persulfate (S2O82-),
hydrogen peroxide (H2O2), and ozone (O3). A
detailed summary of the oxidation chemistry and
applicability to classes of contaminants can be
found in the Technical and Regulatory Guidance
for In Situ Chemical Oxidation of Contaminated
Soil and Groundwater – Second Edition (Link to
Guidance) published by the Interstate
Technology and Regulatory Council (ITRC).
The most common delivery methods used to
introduce oxidants to the subsurface include:
• Injection through dedicated injection wells
or temporary direct push injection points
The use of temporary direct push injection
wells versus dedicated injection wells will vary
based on the site geology/hydrogeology, site
access, the ability to install and maintain
permanent infrastructure on the site, and the
anticipated number of injection events needed
to meet the remedial objectives.
• Recirculation that includes coupled
injection and extraction wells
This delivery method would be used to expedite
pore volume flushes across a source area or
when surface obstructions do not provide
access for complete coverage of the target
treatment area.
• Soil mixing by blending an oxidant into the
soil matrix using specialized mixing tools
from the ground surface
This application is typical in shallow source
zones, low permeability material that makes
injection difficult, or source areas with
significant heterogeneity.
The following sections provide key considerations
and Best Management Practices (BMPs) that can
be considered throughout design, construction,
operation, and monitoring phases of any ISCO
project.
DESIGNING AN ISCO REMEDIATION SYSTEM
Planning during the design phase provides an
opportunity to identify BMPs that can be used
throughout the ISCO project.
The design of an ISCO system begins with a
robust conceptual site model (CSM) to assure a
thorough understanding of the contaminant
source area(s) and plumes. To move forward in
an ISCO system design it is necessary to
understand the factors influencing groundwater
flow and contaminant migration, including aquifer
heterogeneity, hydraulic conductivity, and
identification of obstructions or preferential
pathways in the subsurface. Additionally, data
needed to determine oxidant loading include
groundwater geochemistry, soil heterogeneity,
and the chemical oxidant demand of the soil and
groundwater at the site.
In addition to a robust CSM, bench or pilot scale
treatability testing should be completed during
system design. A well-designed bench or pilot
scale testing program will:
• Determine the treatment capacity of a range of
oxidants and potential activators;
• Determine the loading of the oxidant necessary
for successful application and an understanding
of the non-target demand;
• Evaluate the post-amendment chemistry to
ensure the ISCO amendment does not
generate any negative byproducts;
• Determine if any supplemental technologies are
needed to destroy contaminants in hot spots or
areas where nonaqueous phase liquid (NAPL)
may be present;
• Provide data to develop preliminary costs
estimates, including an estimated number of
applications to address the total oxidant
demand; and
• Understand fate and transport of the injectant
and potential for impacts on proximate non-
target receptors.
A well-understood CSM allows the designer to
optimize the placement of injection points as well
as the volume and types of oxidants.
With a robust CSM and the results of a well-
designed treatability study, the designer will be
able to complete a system design that will focus
on getting the oxidant to the areas where
treatment is needed in a way that minimizes
resource use. BMPs to be used during the
construction phase should be identified in the
design phase and included in the final design. It
should be noted that the primary goal in
remediation is to protect human health and the
environment; the “greening” of a remedial
technology should not reduce its effectiveness.
Each BMP must be evaluated on a site-specific
basis. A significant portion of the environmental
footprint left by construction of an ISCO system
involves the installation and testing of wells used
to deliver the selected reagents and monitor
performance. Recommended BMPs to include:
BMPs related to the design of injection points:
• Using direct-push technology for constructing
temporary or permanent wells rather than
typical rotary methods, wherever feasible, to
eliminate the need for disposal of cuttings and
improve efficiency of substrate delivery into
discrete vertical intervals;
• Maximizing reuse of existing or new wells and
boreholes for injections to avoid a range of
wasted resources;
• Use gravity-fed injection if geologically feasible;
and
• Using groundwater recirculation processes
allowing multiple passes of groundwater
through fewer wells.
BMPs related to continued monitoring programs:
• Use an optimized sampling schedule to
minimize the number of samples and accounts
for adjustments as treatment progresses and
the plume size decreases;
• Consider using passive sampling devices during
monitoring for less energy usage and further
waste reduction; and
• Develop a flexible injection program that
evaluates adjustments in delivery for follow-up
injections. This BMP provides the ability to
focus on a recalcitrant area with targeted
injections and limits additional injections in
areas that are either performing well or have
limited effectiveness.
Consider the carbon footprint of oxidants during
the selection process in cases where oxidants
can be equally effective.
CARBON FOOTPRINT
Oxidant CO2 per Ton
Hydrogen Peroxide 1.2
Sodium Persulfate 1.25
Permanganate 4.0
BMPs for sourcing chemical oxidants can focus on
reduction of greenhouse gas (GHG) emissions
through the sourcing and handling of the
oxidants. BMPs include:
• Once the type of oxidant has been selected,
evaluate the vendors and base selection on
proximity to the site to reduced emissions
associated with delivery;
• Stage the oxidant onsite at the time of delivery
in a location with secondary containment that
is convenient to the injection well network and
injection equipment. This will limit the need for
heavy equipment onsite to continuously move
the oxidant throughout the injection; and
• Request the oxidant in packaging that does not
require specialized or heavy equipment to
move while onsite.
In addition to remedial objectives to
protect human health and the
environment, it is the policy of NYSDEC to
approach remediation projects in a way
that minimizes the environmental
footprint of a clean-up action. This
concept, outlined in DEC Program Policy
31, is referred to as “Green Remediation”.
Additionally, Commissioner’s Policy CP-75
– DEC Sustainability, seeks to have
NYSDEC continue its “lead by example”
approach to accelerate and guide the
transition to the low-carbon sustainable
economy of the future.
REMEDIAL CONSTRUCTION CONSIDERATIONS
While implementing an ISCO remedial program,
some additional BMPs may be considered based
on CSM elements, design constraints, and site or
public conditions. Additional BMPs could include:
• Energy Consumption
Energy consumption focuses on the need to
conserve energy supply and reduce emissions
of GHG. On site, this typically includes electrical
use, fuel consumption from on-site equipment
and transportation, and other energy usages
associated with the remedy.
• Greenhouse Gas (GHG) Emissions
GHG emissions are directly related to climate
change and have adverse effects on human
health and the environment. As such, emissions
of GHGs should be reduced wherever possible.
On-site, GHG emissions are typically from the
oxidant selected (see details on GHG emissions
for common oxidants), equipment usage,
transportation, and materials.
• Criteria Air Pollutant Emissions
Air pollutants are regulated by the Clean Air Act
of 1970 and are known contributors to various
health effects such as asthma, lung cancer, and
eye irritation. Criteria pollutants include sulfur
oxides (SOx), particulate matter (PM), and
other substances and are typically contributed
to transportation, electrical usage, and heavy
machinery used on-site.
• Water Impacts
Optimized water consumption and minimal
impacts to water resources is desirable on site.
Water usage is dependent on site
characteristics and should be evaluated
extensively during remedial activities.
• Ecological Impacts
The positive and negative effects of remedial
activity on the surrounding ecosystems should
be evaluated.
• Resource Consumption
This metric includes resources that are not
accounted for in other metrics, such as landfill
space or imported materials.
o Worker Safety
Worker safety is generally more at risk during
remedial activities due to the presence and
usage of equipment and heavy machinery.
o Community Impacts
Due to the scale of remedial activities,
disturbances can sometimes extend to the
surrounding community. The health and safety
issues caused by these disturbances should be
mitigated and monitored closely.
For a comprehensive sustainable ISCO design,
green remediation practices, objectives, and
technologies should be considered for the entire
life cycle of the project. Reducing the
environmental footprint of such projects begins
with adequate site characterization, well-defined
target zones, and complete knowledge of Green
and Sustainable Remediation metrics. These
metrics are met by incorporating environmental
footprint reduction tactics throughout the
remedial design and carefully planning the
operation and management of the site.
REFERENCES
ITRC In Situ Chemical Oxidation Team. Technical and
Regulatory Guidance for In Situ Chemical Oxidation of
Contaminated Soil and Groundwater, January 2005. (Link)
In Situ Chemical Oxidation Fact Sheet. NAVFAC Naval
Facilities Engineering Command. (Link)
U.S. EPA; Green Remediation Best Management Practices:
o Site Investigation; EPA 542-F-16-002, September 2016.
(Link)
o Pump and Treat Technologies; EPA 542-F-10-006, March
2010. (Link)
o Clean Fuel & Emission Technologies for Site Cleanup; EPA
542-F-10- 008, April 2010. (Link)
U.S. EPA, Principles for Greener Cleanups. (Link)
U.S. EPA; Green Remediation: Incorporating Sustainable
Environmental Practices into Remediation of Contaminated
Sites; EPA 542-R-08-002, April 2008. (Link)
ESTCP Environmental Restoration Projects and Related
Efforts. (Link)
U.S. EPA and U.S. Army Corps of Engineers; Roadmap to
Long-Term Monitoring Optimization; May 2005, EPA 542-R-
05-003. (Link)
NAVFAC Naval Facilities Engineering Command; Design
Considerations for In Situ Chemical Oxidation; March 2015,
TM-NAVFAC-EXWC-EV-1502. (Link)
In Situ Chemical Oxidation Groundwater Remediation. T.J.
Simpkin, et al., 2014.